UNIVERSITY  OF  CALIFORNIA 
AT  LOS  ANGELES 


THE  INTERNATIONAL  PROTECTION 
OF  LABOR 


THE  MACMILLAN  COMPANY 

NEW  YORK    •    BOSTON   •    CHICAGO  •    DALLAS 
ATLANTA    •    SAN    FRANCISCO 

MACMILLAN  &   CO.,  Limited 

LONDON  •    BOMBAY   ■    CALCUTTA 
MELBOURNE 

THE  MACMILLAN  CO.  OF  CANADA,  Ltd. 

TORONTO 


THE 

INTERNATIONAL 

PROTECTION 

OF  LABOR 


BOUTELLE  ELLSWORTH   LOWE,  Ph.D. 

AUTHOR   OF  "representative   INDUSTRY   AND  TRADE-UNIONISM   OF  AN  AMERICAN 
CITY,"  "international  ASPECTS  OF  THE  LABOR  PROBLEM,"  ETC. 


THE  MACMILLAN  COMPANY 
1921 

All  rights  reserved 


PRINTED  IN  UNITED  STATE3  OF  AMERICA 


Copyright,  1921 
By  BOUTELLE  ELLSWORTH  LOWE 


Set  up  and  electrotyped.  Published  October,  1921. 


FERRIS  PRINTING  COMPANY 
NEW  YORK 


c 


■5 


^  Co 

tKfjc  i$lemorp  of  mp  iHotijtr 
Clara  €U£itDOCtij  latat 


^ 

4 
t 


20S3 


PREFACE 

In  1918  the  writer  published  a  Doctor's  dissertation  on  the 
International  Aspects  of  the  Labor  Problem,  after  collecting 
copies  of  international  labor  treaties  and  proposals  for  such 
treaties  and  translating  those  which  had  not  already  been  trans- 
lated into  English.  Although  more  or  less  had  been  published 
on  the  continent  of  Europe  in  French  and  German  on  the  move- 
ment for  international  labor  legislation,  this  subject  had  received 
little  attention  from  American  or  English  writers.  In  1919  the 
writer  sent  to  the  United  States  Bureau  of  Labor  Statistics  a 
report  including  the  collection  of  copies  of  labor  treaties  and 
proposals  for  such  treaties,  which  led  to  the  publication  by  that 
Bureau  in  1920  of  Bulletin  No.  268  (Miscellaneous  Series),  en- 
titled, Historical  Survey  of  International  Action  Affecting  Labor. 

Previous  to  the  World  War  the  United  States  was  thought  by 
many  to  be  fully  a  generation  behind  Europe  with  respect  to 
various  phases  of  labor  legislation.  Certain  it  is  that  the  United 
States  was  among  the  most  backward  of  great  nations  in  taking 
part  officially  in  the  international  regulation  of  labor  conditions. 
It  is  the  purpose  of  this  book  to  describe  the  movement  for  inter- 
national labor  legislation,  to  present  the  labor  agreements  that 
have  resulted  therefrom,  and  to  endeavor  to  show  the  legislative 
developments  that  may  enable  the  United  States  to  do  more  than 
it  has  heretofore  done  towards  treating  labor  problems  in  an 
international  way. 

The  Introduction  is  topical  and  briefly  outlines  the  four  phases 
of  international  action  which  have  affected  labor  and  which  have 
contributed  to  the  movement  for  international  labor  legislation 
(see  p.  xv).  It  also  contains  a  more  detailed  outline  of  the  pro- 
ceedings of  the  International  Labor  Organization  of  the  League 
of  Nations. 

The  Movement  for  International  Labor  Legislation  in  the 
chronological  order  of  the  events  that  contributed  to  it  up  to  the 
time  of  the  war,  and  in  its  relation  to  America  and  to  the 
formation  of  the  International  Labor  Organization  of  the  League 
of  Nations  directly  after  the  war,  is  discussed  in  Part  I  (see  p.  1). 


PREFACE 

International  Labor  Legislation,  or,  in  other  words,  the  poly- 
partite  and  bipartite  labor  treaties  that  had  been  ratified  and 
brought  into  actual  operation  as  a  result  of  the  movement  for 
international  labor  legislation,  as  well  as  the  proposals  made  for 
such  treaties,  up  to  the  time  of  the  war,  are  treated  in  Part  II 
(see  p.  110)  and  in  Appendices  I  (see  p.  169)  and  II  (see  p.  233). 
A  table  of  contents  for  Appendix  I  is  given  on  pp.  171,  172,  and 
for  Appendix  II  on  pp.  235-237. 

The  Supplement  (see  p.  399)  includes  a  copy  of  the  Covenant 
of  the  International  Labor  Organization  of  the  League  of  Na- 
tions as  contained  in  the  Peace  Treaty  of  1919,  as  well  as  copies 
of  the  recommendations  and  draft  conventions  adopted  by  the 
Conference  of  the  International  Labor  Organization  of  the 
League  of  Nations  at  Washington  in  1919  and  at  Genoa  in  1920. 

The  Bibliography  (see  p.  331)  has  a  table  of  contents  on  pp. 
332,  333,  covering  publications  in  German,  French,  English, 
Italian,  Spanish,  Swedish,  Hungarian,  Danish,  Dutch,  and  Fin- 
nish. 

A  Short  Bibliography  of  most  recent  publications  in  English 
is  given  on  pp.  xv,  xvi. 

A  Key  to  the  abbreviations  used  in  the  citation  of  references 
in  this  book  and  particularly  in  the  Bibliography,  will  be  found 
on  p.  334. 

An  Index  to  Parts  I  and  II  is  contained  on  pp.  391-398. 

A  Concise  Table  of  Contents  for  the  entire  book  is  given  on 
p.  ix. 

Tables  of  congresses  and  treaties  are  given  on  pp.  x-xii. 

The  writer  wishes  to  express  his  appreciation  of  the  readiness 
of  Dr.  John  B.  Andrews,  Secretary  of  the  American  Association 
for  Labor  Legislation,  to  place  source  material  at  his  disposal  and 
of  the  helpful  suggestions  of  Hon.  John  Bassett  Moore,  of  the 
Chair  of  International  Law,  at  Columbia  University. 

New  York  City,  BOUTELLE  ELLSWORTH   LOWE. 

March  24,  1921. 


CONTENTS 


Chapter  Page 

Preface   - vii 

Introduction   xv 

International   Socialist  Movement    xvi 

International  Trade-Union  Movement  xxi 

International  Activities  of  Social  Reformers,  and  of  Private  and 

Semipublic  Associations    xxv 

Intergovernmental  Action  Respecting  Labor xxxii 

PART  I. 
The  Movement  for  International  Labor  Legislation 

I.  The  Movement  Defined  3 

II.  Genesis  of  the  Movement  11 

III.  International  Labor  Conferences   31 

IV.  Pro    ct  Contra    66 

V.  The  Relation  of  America 79 

VI.    The  Movement  in  Perspective  96 

PART    XL 
International  Labor  Legislation 

I.     Conventions  Signed  at  Bern 112 

II.     Protective  Labor  Treaties  137 

Appendix  1 1 69 

Labor  Law  Internationally  Adopted — Contents 171 

Appendix  II 233 

Labor  Resolutions  Internationally  Subscribed — Contents 235 

Index  to  Parts  I  and  II 391 

BIBLIOGRAPHY 

Contents   332 

Key  to  Bibliography   334 

Short  Bibliography xiii 

SUPPLEMENT 

International  Labor  Organization  of  the  League  of  Nations 

Labor  Section  (Part  XIII)  of  the  Peace  Treaty  of  1919 401 

Draft  Conventions  and  Recommendations  of  the  Conference  of  Wash- 
ington, 1919  412 

Draft  Conventions  and    Recommendations    of    the    Conference    of 
Genoa,  1920 432 


CONTENTS 

TABLES  OF  CONGRESSES 

International  Congresses  of  Socialists  (1864-1881) 

International  Workingmen's  Association  and  the  First  International, 

1864 xvi,  14 

Congress  of  Geneva,  1866  15 

Congress  of  Lausanne,   1867   16 

Congress  of  Brussels,   1868   16 

Congress  of  Basel,   1869   16 

Congress  of  The  Hague,  1872  16 

Congress  of  Geneva,    1873   16 

Congress  of  Brussels,   1874   - 16 

Congress  of  Bern,  1876 16 

Congresses  of  Verviers  and  Ghent,  1877 16 

Congress  of  Chur,  1881 16 

Socialist  and  Labor  Congresses    (1883-1888) 

Congress  of  Paris  1883       xvi,  xxi,  16,  24 

Congress  of  Paris,  1886  xvi,  xxi,  16,  24 

Congress  of  London,  1888 xvi,  xxi,  16 

International  Congresses  of  Socialists   (1889-1912,  1919,  1920) 

Congress  of  Paris  and  the  Second  International,  1889 xvii,  16,  27 

Congress  of  Brussels,  1891  xvii,  16,  34 

Congress  of  Zurich,  1893  xvii,  16,  34 

Congress  of  London,  1896 16,  34 

Congress  of  Paris,  1900  16 

Congress  of  Amsterdam,    1904   16 

Congress  of  Stuttgart,  1907 xxii,  16 

Congress  of  Copenhagen,  1910 16 

Congress  of  Basel,  1912  xvii,  16 

Congress  of  Bern,   1919    xix 

Congress  of  Geneva,  1920  xx 

War-Time  Socialist  Congresses 

Congress  of  Copenhagen,  1915  (Neutral  Powers) xviii 

Congress  of  Vienna,  1915   (Central  Powers)   xviii 

Socialist  and  Labor  Conferences  of  London,  1915,  1917,  1918  (Allies)  xviii 

Congress  of  Zimmerwald,  1915    (International)    xviii 

Congress  of  Kienthal,  1916  (International)    xviii 

Congress  of  Stockholm,  1917  (International)    xix 

Congresses  of  the  Third  International 

Congress  of  Moscow,  1919  xx 

Congress  of  Moscow,  1920 | . .     xx 

Miscellaneous 

Congresses  of  SociaHst  Women,  1907,  1910 xviii 

Congress  of  Socialist  Students,  1919 .'.*.'.'.*.'.*.     xx 

Pan-American  Socialist  Congress,  1919  !.!!!!!!!!!!!     xx 

X 


CONTENTS 

TABLES  OF  CONGRESSES— Co«h««cd 

International  Congresses  of  Trade- Unions 

The  international  trade-union  movement xxi-xxv,  16,  17 

Congresses  of  Paris,  1883  and  1886,  and  of  London,  1888. .  .xvi,  xxi,  16,  21 

Congress  of  Zurich,    1897    35,  247 

Congresses  of  the  International  Federation  of  Trade  Unions,  1901- 

1919 xxii 

Seventeenth  Miners*  International  Congress,  1906 46 

Congress  of  San  Salvador,  1911  xxiv 

Congress  of  Leeds,   1916  xxiii 

Congress  of  Bern,  1917  xxiv 

Congress  of  Laredo,  1918 xxiv 

First  International  Congress  of  Working  Women,  1919 xxv 

Congress  of  Mexico  City,  1921 xxiv 

International  Congresses  of  Semipublic  and  Private  Associations 

Congress  of  Brussels,  1897 xxv,  36,  248 

Congress  of  Paris,  1900 xxvi,  38 

International  Association  for  Labor  Legislation xxvi,  39,  40,  249 

First  Delegates'  Meeting,  Basel,  September  27,  28,  1901 41,  252 

Second  Delegates'  Meeting,  Cologne,  September  23,  24,  1902. .  .42,  254 

Commission  Meeting  at  Basel,  September  9-11,  1903 43,  255 

Third  Delegates'  Meeting,  Basel,  September  26,  27,  1904 44,  258 

Fourth  Delegates'  Meeting,  Geneva,  September  27-29,  1906.... 47,  264 

Fifth  Delegates'  Meeting,  Lucerne,  September  28-30,  1908 57,  269 

Sixth  Delegates'  Meeting,  Lugano,  September  26-28.  1910 59,  281 

Seventh  Delegates'  Meeting,  Zurich,  September  10-12,  1912 61,  300 

International  Congresses  on  Unemployment,  1906-1913 xxx,  53,  98,  322 

Congresses   of   the   International   Federation   for  the  Observance  of 

Sunday,  1876-1915 xxviii,  54 

Congresses  and  Conferences   of   the  Permanent  International   Com- 
mittee on  Social  Insurance,  1889-1912 xxviii,  xxix,  98,  100 

Third  International  Congress  on  the  Cultivation  of  Rice,  1906 56 

International  Congresses  on  Occupational  Diseases,  1906-1910. .  .xxix,  xxx 
International  Home  Work  Congresses,  1910-1912    xxx,  xxxi,  61 

Official  International  Labor  Conferences 

Conference  of  Berlin,  1890  xxxiii,  31,  244 

Conference  of  Bern,  1905 xxxiv,  46,  112,  174-175 

Conference  of  Bern,  1906 xxxiv,  47,  119,  175-180 

Second  International  Peace  Conference  at  The  Hague,  1907 56 

Conference  of  Bern,  1913 xxxiv,  64,  131,  318-321 

Peace  Conference,  1919  xxxvii,  104-110,401-412 

Conference  of  Washington,  1919 xxxviii-xli,  101,  102,  412-432 

Conference  of  Genoa,  1920 xlii,  xliii,  102,  432-439 


zi 


LABOR  TREATIES 

Page 

Franco-Italian  Treaty,   1904 137 

Swiss-Italian  Treaty,  1904 142 

German-Italian  Treaty,  1904 142 

Treaty  between  Germany  and  Austria-Hungary,  1905 143 

Accident  Insurance  Treaty  between  Luxemburg  and  Bel- 
gium, 1905 144 

German-Luxemburg  Accident  Insurance  Treaty,  1905 145 

Franco-Italian  Treaty,  1906 146 

Franco-Belgian  Accident  Insurance  Treaty,  1906 146 

Franco-Italian  Accident  Insurance  Treaty,  1906 148 

Franco-Luxemburg  Accident  Insurance  Treaty,  1906 149 

International  Convention  Respecting  the  Prohibition  of 
Night-Work   for  Women  in  Industrial  Employment, 

1906  112 

International  Convention  Respecting  the  Prohibition  of  the 
Use  of  White  (Yellow)  Phosphorus  in  the  Manufac- 
ture of  Matches,  1906  112 

German-Netherlands  Accident  Insurance  Treaty,  1907....  150 

Franco-British  Accident  Insurance  Treaty,  1909 151 

Hungarian-Italian  Accident  Insurance  Treaty,  1909 1S2 

Franco-Italian  Treaty,  1910 153 

Franco-Italian  Treaty,   1910 i56 

German-Swedish  Treaty,  191 1 156 

Franco-Danish  Treaty,  191 1   157 

German-Belgian  Accident  Insurance  Treaty,  1912 159 

German-Italian  Accident  Insurance  Treaty,  1912 160 

German-Spanish  Accident  Agreement  Respecting  Sailors, 

1913    163 

Treaty  between  the  United  States  and  Italy,  1913 i64 

Franco-Swiss  Insurance  Agreements,  1913 165 

Italian-German  War  Arrangement,  1915 166 


Xll 


SHORT  BIBLIOGRAPHY 

Lowe:  International  Aspects  of  the  Labor  Problem,  W.  D.  Gray,  New 

York,  1918. 
Gompers:   American  Labor  and  the   War,  Part  One,   Chapter  IV,   and 

Part  Two,  Doran,  New  York,  1919. 

Hicks:  The  New  World  Order,  Chapters  XVI,  XIX,  XX,  Doubleday, 
Page  &  Co.,  New  York,  1919. 

Ayusawa:  International  Labor  Legislation,  Longmans,  Green  &  Co.,  New 
York,  1920. 

Lowe  and  Magnusson:  Historical  Survey  of  International  Action  Affect- 
ing Labor,  Bulletin  of  the  United  States  Bureau  of  Labor  Statistics, 
No.  268,  Miscellaneous  Series,  Government  Printing  Office,  Wash- 
ington, D.  C,  1920. 

Solano,  editor :  Labor  as  an  International  Problem,  Macmillan  &  Co.,  Lon- 
don, 1920. 

Miller:  International  Relations  of  Labor,  Alfred  A.  Knopf,  Publisher,  N. 
Y.,  1921. 

Parkinson:  "Constitutionality  of  Treaty  Provisions  Afifecting  Labor,"  in 
American  Labor  Legislation  Reviezv,  Alarch,  1919,  pp.  21-32. 

Chamberlain :  "The  Power  of  the  United  States  Under  the  Constitution 
to  Enter  Into  Labor  Treaties,"  in  American  Labor  Legislation  Reviezv, 
September,  1919,  pp.  330-338. 
"Migratory  Bird  Treaty  Decision  and  Its  Relation  to  Labor  Treaties," 
in  American  Labor  Legislation  Review,  June,  1920,  pp.  331-335. 

Commons  and  Andrews :  Principles  of  Labor  Legislation,  Harpers,  New 
York,  1920. 

Duggan,  editor :  The  League  of  Nations,  Atlantic  Monthly  Press,  Boston, 
1919. 

Lauck:  "International  Labor  Question,"  Annals  of  the  Academy  of  Politi- 
cal and  Social  Sciences,  May,  1919,  pp.  186-202. 

International  Labor  Organization :  Publications  of  the  World  Peace 
Foundation ;  Report  of  the  Commission  on  International  Labor  Legis- 
lation of  the  Peace  Conference;  The  Peace  Treaty  and  Labor  Legis- 
lation in  American  Labor  Legislation  Review,  Vol.  IX,  No.  3,  Septem- 
ber, 1919;  Academy  of  Political  Science,  Prodceedings  8,  No.  3,  pp. 
80-102. 

The  Conference  of  Washington,  1919:  American  Labor  Legislation  Re- 
view, Vol.  IX,  No.  4,  December,  1919;  London  Nation,  December, 
1919;  Monthly  Labor  Review,  January  and  February,  1920,  United 
States  Bureau  of  Labor  Statistics;  New  Republic,  Dec.  24,  1919; 
American  Federationist,  January  and  February,  1920;  The  Survey, 
Nov.  15,  1919;  Current  History  Magazine,  N.  Y.  Times,  January  3, 
1920;  American  Child,  I.  pp.  186-192,  November,  1919;  Literary  Di- 
gest, December  20,  1919;  Reviezv  of  Reviews,  December,  1919. 

The  Conference  of  Genoa,  1920:  American  Labor  Legislation  Review, 
Vol.  X,  No.  3,  September,  1920. 


BIBLIOGRAPHY 

International  Conferences:  Labor  Conference  of  Leeds,  1916,  Bulletin  of 
the  United  States  Bureau  of  Labor  Statistics,  No.  254,  pp.  123-125; 
Labor  Conference  of  Bern,  1917,  Bulletin  of  the  United  States  Bureau 
of  Labor  Statistics^  No.  254,  pp.  126-129;  Interallied  Socialist  and 
Labor  Conference,  London,  1915,  Labor's  War  Aims,  special  bulletin 
of  International  Concilication,  June,  1918,  pp.  179-181 ;  Socialism  in 
Thought  and  Action  by  Laidler,  Macmillan,  1920;  Pan-American 
Labor  Conference,  Laredo,  1918,  "Report  of  the  Executive  Council 
of  the  American  Federation  of  Labor  to  the  39th  Annual  Convention, 
Atlantic  City,  June  9,  1919;"  Pan-American  Labor  Pres's,  Dec.  4,  1918, 
printed  in  San  Antonio,  Texas;  Congress  of  the  International  Federa- 
tion of  Trade  Unions  Amsterdam,  1919,  American  Federationist, 
October,  1919,  pp.  921-953;  International  Congress  of  Working  Wo- 
men, 1919,  Life  and  Labor,  Jan.  1920,  published  by  the  Women's  Trade 
Union  League;  Conditions  of  the  Third  International,  Nation,  Oct. 
13,  1920;  Geneva  and  Moscow,  Review,  September  8,  1920;  Socialist 
Internationale,  Living  Age,  September  11,  1920;  Socialist  Interna- 
tional, Geneva  Congress,  by  Sidney  Webb,  New  Republic,  September 
22,  1920;  Third  International,  by  John  Spargo,  Current  History  Maga- 
zine, N.  Y.  Times,  September,  1920;  American  Socialists  and  Moscow, 
by  M.  Hillquit,  Current  History  Magazine,  N.  Y.  Times,  October, 
1920;  The  Two  Internationals,  by  R.  Palmo  Dutt,  London,  Labor 
Research  Department,  1920;  The  French  Socialist  Split,  Independent, 
January  16,  1921,  p.  68. 


ZlV 


INTRODUCTION 


The  international  protection  of  labor  is  a  name  for  the  move- 
ment which  has  resulted  in  the  adherence  of  nations  to  treaties 
and  conventions  protecting  vi^orkers.  These  agreements  tend  to 
establish  international  standards  for  the  regulation  of  industry. 
The  international  activities  of  socialists,  trade-unionists,  social 
welfare  workers,  and  governments  constitute  respectively  the 
political,  economic,  scientific,  and  official  phases  of  international 
action  which  has  affected  this  movement.  In  its  origin  and  early 
development  it  derived  very  much  of  its  energy  from  the  agita- 
tion of  socialists.  However,  to  influence  existing  governments 
to  sign  labor  treaties  was  only  an  item  upon  the  socialist  pro- 
gram. The  theory  of  socialism  has  been  to  change  the  principles 
underlying  the  present  political  and  social  order.  Like  the  social- 
ists, the  trade-unionists  have  advocated  international  labor  legis- 
lation, but  their  influence  in  this  respect  has  been  less  than  that 
of  socialists.  In  its  international  aspects  as  well  as  in  its  national 
aspects,  trade-unionism  has  been  chiefly  concerned  with  the 
economic  improvement  of  the  working  classes  and  in  strengthen- 
ing labor  in  its  collective  bargaining  with  employers.  It  was  the 
social  welfare  workers,  organized  in  private  and  semi-public 
associations  and  aided  by  the  co-operation  of  interested  govern- 
ments, who  devised  the  efficient  organization  that  led  to  the 
actual  adoption  of  international  labor  laws  by  these  governments. 
During  the  war,  however,  the  propaganda  of  trade-unionists  and 
socialists  for  international  labor  legislation  and  for  the  incorpora- 
tion in  the  Peace  Treaty  of  guarantees  for  the  maintenance  of 
proper  labor  standards  became  more  pronounced  than  that  of  any 
other  groups.  A  result  of  the  war  in  its  relation  to  the  movement 
for  international  labor  legislation  was  the  creation  of  an  Inter- 
national Labor  Organization  in  conjunction  with  the  League  of 
Nations,  by  which  governments  assumed  the  official  direction  of 


XV 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

this  movement.  Following  is  a  brief  historical  summary  of  the 
four  phases  of  international  action  which  have  contributed  to  the 
movement  for  international  labor  legislation. 


International  Socialist  Movement."^ 

In  1838  the  Communist  League  was  founded  in  London  for 
the  purpose  of  bringing  about  the  overthrow  of  the  existing  form 
of  society  by  means  of  the  international  organization  of  workers 
in  all  countries.  The  League  gained  considerable  publicity 
through  the  appearance  in  1848  of  "the  manifesto  of  the  Com- 
munist Party"  written  by  Karl  Marx  and  Frederick  Engels. 

Fourteen  years  after  the  dissolution  of  this  League,  the  In- 
ternational Workingmen's  Association  was  founded  at  London 
(1864).  The  organization  represented  originally  a  movement  of 
trade-unionists  for  the  economic  emancipation  of  the  workers. 
It  contained,  however,  another  group  which  advocated  political 
domination  'by  the  working  classes;  and,  as  a  result  of  the  in- 
fluence exerted  by  this  group  under  the  guidance  of  Karl  Marx 
during  the  first  three  congresses,  the  Association  was  converted 
into  a  socialist  organization  which  is  known  as  the  First  Inter- 
national. Ten  international  congresses  are  identified  with  this 
movement  from  1864  to  1881.  The  Association  continued  active 
until  1872,  when,  through  the  loss  of  the  confidence  of  its  English 
members  because  of  its  supposed  connection  with  the  insurrection 
of  the  Paris  Commune  and  through  the  dissension  of  Marxists 
and  Bakunists  within  its  ranks,  it  gradually  lost  its  vigor  and 
finally  disappeared. 

Congresses  representing  socialists  and  trade-unionists  were 
convoked  at  Paris  in  1883  and  1886,  and  at  London  in  1888. 
Both  of  the  Congresses  held  at  Paris  advocated  international 
labor  legislation. 

Because  of  differences  which  had  arisen  and  which  a  special 
conciliatory  Congress  called  by  the  Social  Democratic  group  of 
the  German  Reichstag  at  The  Hague,  Feb.  4,  1889  (see  p.  243), 

iC/.  Bulletin  of  the  United  States  Bureau  of  Labor  Statistics,  No.  268, 
Miscellaneous  Series,  pp.  34-64. 

xvi 


INTRODUCTION 

had  failed  to  settle,  the  Marxists  and  Possibilists  convened  sep- 
arate congresses  in  Paris,  July  14,  1889.  Before  the  end  of  their 
session  a  rapprochement  between  these  two  factions  was  reached 
and  they  agreed  to  hold  their  next  meeting  at  Brussels  in  1891. 
The  coming  together  of  these  socialist  groups  marks  the  forma- 
tion of  what  is  known  as  the  Second  International.  The  Marx- 
ists advocated  labor  treaties  for  the  international  application  of 
the  protective  labor  principles  embodied  in  their  resolutions  for 
the  prohibition  of  the  work  of  children  under  fourteen  years  of 
age,  and  of  night-work  in  general;  an  eight-hour  day;  weekly 
rest,  conservation  of  health  etc.^;  and  they  appointed  five  dele- 
gates to  use  their  influence  in  behalf  of  such  legislation  at  an 
international  labor  conference  which  had  been  proposed  by  the 
Government  of  Switzerland.  The  Possibilists  also  favored  in- 
ternational labor  laws. 

International  labor  legislation  constituted  the  principal  topic 
of  discussion  at  the  second  Congress  of  the  new  International 
held  at  Brussels  in  August,  1891,  and  it  was  again  discussed  and 
advocated  by  the  Congress  of  Zurich  in  1893.  Up  to  the  time 
of  the  World  War  the  Second  International  had  held  eight  regu- 
lar congresses,  and  one  special  peace  conference  in  1912. 

In  1900  the  International  Socialist  Bureau  was  established  at 
Brussels  as  a  result  of  the  Congress  held  at  Paris  in  that  year. 
Its  purpose  was  to  gather  and  publish  information  on  the  problems 
of  socialism  and  to  report  on  the  status  of  the  socialist  move- 
ment. Its  official  publication  was  entitled  the  Periodical  Bulletin 
of  the  International  Socialist  Bureau.  Each  country  was  allotted 
two  representatives  in  the  membership  of  the  Bureau  while 
members  of  the  Socialist  Interparliamentary  Commission  were 
made  alternate  delegates  with  the  privilege  of  taking  part  in 
its  meetings.  It  was  decided  that  the  number  of  votes  allowed 
to  each  country  in  the  deliberations  of  the  Bureau  should  be 
determined  by  the  importance  of  the  country  in  the  socialist 
movement.  By  1910  this  organization  had  held  twelve  meetings, 
in  which  international  labor  legislation  was  one  of  a  score  or 
more  of  the  topics  considered.    The  World  War  caused  the  seat 

2  See  p.  27. 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

of  the  International  Socialist  Bureau  to  be  transferred  from 
Brussels  to  The  Hague  for  the  duration  of  the  war. 

The  Socialist  Interparliamentary  Commission  was  established 
in  1904,  and  its  purpose  was  to  enable  the  parliamentary  rep- 
resentatives of  socialists  in  different  countries  to  co-operate  for 
the  realization  of  the  aims  of  socialism.  Each  nation  represented 
in  the  International  Socialist  Bureau  was  permitted  to  have  one 
representative  in  the  Interparliamentary  Commission  and  to  cast 
the  number  of  votes  warranted  by  its  importance.  Before  the 
end  of  1910  this  Commission  had  held  five  conferences. 

Socialist  women  have  convened  international  conferences  from 
time  to  time,  for  example  at  Stuttgart  in  1907,  and  at  Copen- 
hagen in  1910.  Moreover  the  Yoang  Socialists  organized  in- 
ternationally and  in  1910  affiliated  with  the  International  Socialist 
Bureau. 

After  the  outbreak  of  the  war,'  the  socialists  of  neutral  coun- 
tries met  in  Copenhagen  in  1915  to  denounce  the  war  and  to 
discuss  means  of  obtaining  peace.  Socialists  of  the  Central 
Powers  met  at  Vienna  in  the  same  year  for  a  similar  purpose. 
Socialist  and  labor  conferences  were  held  by  socialists  represent- 
ing the  Allies  at  London  in  1915,  1917,  and  1918.  Peace  terms 
were  discussed,  and  in  1918,  the  Congress  went  on  record  as 
favoring  the  establishment  of  a  league  of  nations,  the  abolition 
of  secret  diplomacy  and  imperialism,  and  the  reduction  of  arma- 
ments. It  also  discussed  international  means  of  combatting  un- 
employment. 

The  first  war-time  international  conference  of  socialists  repre- 
senting both  sides  in  the  war  was  held  at  Zimmerwald,  Switzer- 
land, in  1915,  with  representatives  present  from  France,  Italy. 
Bulgaria,  Holland,  Roumania,  Poland,  Sweden,  Norway,  Den- 
mark, and  Germany.  The  second  international  meeting  was  held 
at  Kienthal,  Switzerland,  in  19r6.  Italy,  Sweden,  Russia  and 
Germany  were  represented.  These  conferences  were  principally 
concerned  with  the  action  to  be  taken  by  the  working  classes  in 
behalf  of  peace.    The  manifesto  of  the  Kienthal  Congress,  con- 

3  For  wartime  conferences  compare  Ayusawa,  International  Labor  Legis- 
lation, Chapter  IV. 

xviii 


INTRODUCTION 

taining  the  signatures  of  Lenin  of  Russia,  Bouderon  of  France, 
and  Ledebour  of  Germany,  called  for  revolution  and  refusal  to 
support  the  war.  The  strength  of  the  left  wing  or  antiparliamen- 
tary  socialists  was  increasing.  The  radicalism  of  this  group  led 
to  the  establishment  of  a  rival  International  at  Moscow  in  1919, 
known  as  the  Third  International. 

A  war-time  international  socialist  conference  occurred  at 
Stockholm  in  1917.  Delegates  arrived  from  France,  Belgium  and 
Germany,  but  the  intervention  of  the  Allies  resulted  in  the  hold- 
ing of  an  informal  meeting  only,  under  the  chairmanship  of 
Branting,  the  leader  of  the  Swedish  party.  Another  international 
assemblage  of  socialists  was  held  at  Stockholm  in  the  Fall  of 
the  same  year. 

After  the  signing  of  the  armistice  an  important  international 
meeting  of  socialists  was  convened  at  Bern  in  February,  1919. 
Twenty-five  countries  were  represented  including  Germany  Aus- 
tria, Holland,  Great  Britain,  France,  Canada,  and  Argentina.  A 
league  of  nations  and  the  labor  section  of  the  Peace  Treaty  were 
prominent  among  the  topics  which  were  considered.  The  assem- 
bly favored  a  league  of  nations  representing  not  only  govern- 
ments but  peoples,  the  international  control  of  oceans  and  high- 
ways of  transportation,  a  world  system  for  the  distribution  of 
raw  materials  and  food,  and  gradual  disarmament.  The  various 
measures  advocated  as  proper  subjects  for  protective  labor  laws 
included  the  establishment  of  employment  bureaus  and  systems 
of  social  insurance ;  the  adoption  of  the  eight-hour  day  for  adults, 
and  the  six-hour  day  for  children  between  sixteen  and  eighteen 
years  of  age ;  the  prohibition  of  night-work  of  women ;  the  recog- 
nition of  the  necessity  of  weekly  rest  of  thirty-six  consecutive 
hours,  and  the  institution  of  compulsory  elementary  education 
and  free  higher  education.  A  commission  was  appointed  for 
the  restoration  of  the  Second  International. 

This  commission  convoked  conferences  at  Amsterdam  in  April, 
1919,  and  at  Lucerne  in  August,  1919.  To  the  latter  meeting 
delegates  came  from  Belgium,  Great  Britain,  France,  Holland, 
and  Germany-  The  minority  group  of  the  Russian  socialists 
was  also  represented.  The  questions  discussed  were  largely 
political. 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

Representatives  of  the  discontented  antiparliamentary  social- 
ists, called  the  socialist  left  wing,  assembled  at  Moscow  in  March, 
1919,  on  the  invitation  of  the  Russian  communist  party.  Among 
the  countries  from  which  accredited  delegates  came  to  the 
gathering  of  this  Communist  or  Third  International  were  Rou- 
mania,  Germany,  Ukrania,  Finland,  Bulgaria,  Norway,  Sweden, 
Hungary  and  Armenia.  There  were  other  socialists  present  from 
the  United  States,  Turkey,  Jugo-Slavia,  Persia,  Korea,  France, 
Switzerland,  Holland,  Bohemia,  Great  Britain,  Serbia,  Spain, 
and  Denmark,  This  group  called  for  the  forcible  overthrow  of 
the  capitalistic  regime.  Its  manifesto  was  signed  by  Lenin,  Trot- 
zky,  Zinovieo,  Tchicherin  and  Fritz  Plattan,  and  represents  the 
form  of  sociaHsm  that  secured  the  domination  of  Soviet  Russia. 
The  next  meeting  of  the  Third  International  was  held  at  Moscow 
in  July,  1920. 

In  the  same  month  the  Second  International  called  a  meeting 
at  Geneva  (July  31).  The  important  parties  left  in  the  Second 
International  were  the  Majority  Social  Democratic  Party  of  Ger- 
many, the  British  Labor  Party,  the  Belgian  Labor  Party,  the 
Social  Democratic  Labor  Party  of  Holland,  the  Austrian  Social 
Democratic  Party,  the  Majority  Socialist  Parties  of  Sweden 
and  Denmark,  the  Polish  Socialist  Party,  and  the  Finnish  Social 
Democratic  Party.  The  Geneva  Congress  voted  to  transfer  the 
International  Bureau  from  Brussels  to  London. 

In  1919  French  Socialist  students  issued  a  manifesto  that 
caused  the  creation  of  the  Coniite  Internationale  des  Etudiants 
Socialistes,  with  its  headquarters  in  Geneva.  In  December  of 
that  year  this  body  called  an  international  meeting  at  Geneva  to 
create  an  International  Federation  of  Socialist  and  Communist 
Students.  Sharp  divergence  of  opinion,  however,  caused  the 
formation  of  two  separate  bodies,  the  "Communist  International 
Students'  Federation,"  which  affiliated  with  the  Third  Interna- 
tional, and  the  "Independent  Students'  International,"  the  aim  of 
which  was  to  unite  all  socialist  and  communist  students  for  the 
peaceful  realization  of  the  principles  of  socialism. 

The  international  socialist  movement  in  the  Western  Hemi- 
sphere has  also  been  growing.     In  1919  a  Pan-American  Socialist 


INTRODUCTION 

Congress  was  held  at  Buenos  Aires  with  representatives  from 
Argentina,  Bolivia,  Chile,  Peru,  Paraguay,  and  Uruguay-  This 
group  sympathized  with  the  radical  left-wing  socialists  of  Europe ; 
it  represented  a  step  toward  greater  unity  among  socialist  groups 
of  South  America.  The  demands  of  the  Congress  of  Buenos 
Aires  included  a  forty-four  hour  week;  the  compulsory  educa- 
tion of  children  under  sixteen  years  of  age;  the  prohibition  of 
child  labor;  a  minimum  wage  and  the  abolition  of  the  trucking 
system;  the  establishment  of  labor  exchanges,  etc.  It  caused  the 
establishment  of  the  American  Labor  and  Socialist  Secretariat 
at  Buenos  Aires. 


International  Trade-Union  Movement 

The  International  Workingmen's  Association  originated  as  a 
trade-union  organization  but  became  the  Socialist  International. 
After  the  disappearance  of  the  First  International,  the  trade- 
union  element  can  be  distinguished  from  the  socialist  element  in 
the  international  congresses  which,  as  has  been  mentioned  above, 
were  held  at  Paris  in  1883  and  1886,  and  at  London  in  1888. 
Demands  for  international  factory  legislation  were  made  at  both 
of  the  Paris  conferences.  In  1897  the  executive  committee  of 
the  Swiss  Workers'  League  called  the  Congress  of  Zurich  the  pur- 
pose of  which  was  to  promote  labor  legislation.  This  meeting 
urged  the  Swiss  Federal  Council  to  bring  about  the  establish- 
ment of  an  international  labor  office.  An  international  meeting 
of  trade-unionists  was  held  at  Paris  in  1900.  The  creation  of 
an  international  secretariat  was  discussed  and  a  resolution  favor- 
ing the  curtailment  of  the  hours  of  labor  was  unanimously 
adopted. 

After  approximately  the  year  1900,  the  international  trade- 
union  movement  became  more  clearly  distinguished  from  the  in- 
ternational socialist  movement  with  which  originally  it  had  been 
incorporated.  Delegates  at  labor  congresses  are  often  party 
socialists  and  trade-unionists  at  the  same  time.  In  many  instances 
the  leaders  have  been  the  same  in  both  groups,  and  trade-unions 
— even  non-socialist  imions — have  been  represented  at  socialist 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

congresses.  This  co-operation  between  trade-unionists  and  so- 
cialists was  emphatically  endorsed  at  the  socialist  Congress  of 
Stuttgart  in  1907. 

Since  1900  and  up  to  the  time  of  the  war,  the  principal  activi- 
ties of  international  trade-unions  were  confined  mostly  to  purely 
trade-union  affairs.  They  have  sought  through  international  fed- 
eration to  unify  their  standards.  Unionism  is  organized  inter- 
nationally in  two  forms,  viz.,  by  trades  and  by  federations. 

International  Trades  Secretariats. — The  single  trades  or  crafts 
of  different  countries  are  united  under  international  trades  secre- 
tariats, as  the  offices  of  the  international  secretaries  are  called. 
Among  the  most  prominent  of  these  international  craft  organi- 
zations may  be  mentioned  the  International  Federation  of  Miners 
(see  p.  46)  which  was  organized  in  1890;  the  International 
Federation  of  Transport  Workers,  the  origin  of  which  may  be 
traced  back  to  an  international  gathering  of  railroad  workers  at 
Zurich  in  1893 ;  and  the  International  Federation  of  Metal  Work- 
ers organized  in  1900.  Before  the  war  thirty-two  crafts  had 
such  international  organizations.  Their  secretaries  held  a  joint 
meeting  in  Zurich  for  the  first  time,  in  1913.  The  purpose  was 
to  promote  greater  unity  in  the  trade-union  movement  and  more 
co-operation  between  the  international  trades  secretariats  and 
the  International  Secretariat. 

International  Secretariat. — The  second  form  of  international 
trade-union  organization  is  the  International  Federation  of  Trade 
Unions,  of  which  the  central  office  known  as  the  International 
Secretariat,  was  permanently  organized  in  1901.  Until  1913  it 
was  known  as  the  International  Secretariat  of  the  National  Trade- 
Union  Centers.  The  International  Federation  of  Trade  Unions 
represents:  (1)  the  national  federations  of  various  countries,  as 
for  example,  the  American  Federation  of  Labor  which  is  made 
up  of  different  trade  organizations,  (2)  the  federations  of  single 
trades,  such  as  the  International  Federation  of  Textile  Workers. 
The  International  Federation  has  held  congresses  at  Copenhagen 
(1901),  Suttgart  (1902),  Dublin  (1903),  Amsterdam  (1905), 
Christiania  (1907),  Paris  (1909),  Budapest  (1911),  and  Zurich 
(1913).    Its  first  conference  after  the  war  was  held  at  Amster- 

xxii 


INTRODUCTION 

dam  in  August,  1919.  At  this  meeting  the  old  organization  was 
aboHshed  and  a  new  International  Federation  of  Trade  Unions 
was  formed  with  its  International  Secretariat  located  at  Amster- 
dam. This  assembly  was  dissatisfied  with  the  labor  clauses  of 
the  Peace  Treaty  as  not  providing  adequate  means  for  the  pro- 
tection of  labor's  interests,  but  it  nevertheless  decided  to  support 
the  International  Labor  Organization  of  the  League  of  Nations 
because  it  believed  that  this  Organization  might  ultimately  become 
the  basis  of  a  league  representing  peoples*  as  well  as  govern- 
ments. 

While  the  international  unions  of  various  trades  have  been 
primarily  interested  in  problems  peculiar  to  each  trade,  the  inter- 
national union  of  federations  has  sought  for  greater  unity  and 
solidarity  in  the  trade-union  movement  as  a  whole-  The  tendency 
of  officials  of  the  International  Federation  in  1920  to  favor  so- 
cialistic propaganda  prejudiced  American  workers  against  it.  The 
Executive  Council  of  the  American  Federation  of  Labor  at  its 
session  in  November,  1920,  decided  to  postpone  the  considera- 
tion of  the  affiliation  of  the  American  Federation  of  Labor  with 
the  International  Federation  of  Trade  Unions  until  the  next 
meeting  of  the  Council. 

International  Labor  Conferences. — A  proposal  of  the  Ameri- 
can Federation  of  Labor,  made  in  1914  after  the  commencement 
of  the  war,  to  hold  an  international  labor  conference  at  the  same 
time  and  place  as  that  at  which  the  peace  conference  would  be 
held,  attracted  considerable  attention  and  was  endorsed  by  the 
Canadian  Trades  Union  Congress  and  the  French  Confederation 
General  du  Travail.  The  proposal  was  considered  by  the  Allied 
Supreme  Council  and  resulted  in  the  appointment  of  a  commis- 
sion of  representative  labor  leaders  of  Great  Britain,  France, 
Italy  and  Belgium  to  make  arrangements  for  an  international 
labor  conference.  The  conference  was  held  at  Leeds  in  July, 
1916.     This  meeting  declared  that  the  peace  terms  should  in- 

*For  a  discussion  of  the  representation  of  peoples  as  well  as  govern- 
ments in  international  organizations  for  the  maintenance  of  peace,  see 
pamphlet  by  Lowe  entitled  Why  International  Peace  Failed  in  the  Past 
and  Why  it  May  Fail  in  the  Future,  a  reprint  from  the  New  York  Sun 
of  February  9th.  1919. 

xxiii 


THE  INTERNATIONAL  PROTECTION  Oh  LABOR 

elude  measures  for  the  adequate  protection  of  labor  and  urged 
the  creation  of  an  international  commission  to  supervise  legis- 
lation on  labor  immigration,  safety,  hours  of  work,  and  social 
insurance.  It  also  emphasized  the  importance  of  an  international 
labor  office  and  recommended  that  the  American  Association  for 
Labor  Legislation  be  made  the  medium  for  the  execution  of  its 
proposals. 

The  Swiss  Federation  of  Labor  convoked  a  conference  at 
Bern,  October  1,  1917,  representing  labor  organizations  of  Den- 
mark, Bulgaria,  Bohemia,  Hungary,  Austria,  Germany,  Norway, 
Sweden,  the  Netherlands,  and  Switzerland.  It  demanded  the 
enforcement  of  labor  laws  and  proposed  that  the  International 
Association  for  Labor  Legislation  be  recognized  in  the  Peace 
Treaty  as  the  agency  for  the  promotion  and  enforcement  of  labor 
legislation,  and  also  that  representation  in  the  International  Labor 
Office  be  given  to  the  International  Federation  of  Trade  Unions. 

The  international  labor  movement  in  America  is  no  longer  con- 
fined to  the  United  States  and  Canada.  In  November,  1911,  a 
Central  American  Labor  Congress  was  held  in  San  Salvador. 
In  November,  1918,  the  American  Federation  of  Labor  and 
Mexican  labor  unions  convened  at  Laredo,  Texas,  the  first  Pan- 
American  Labor  Conference  with  representatives  from  the  United 
States,  Mexico,  Columbia,  Guatemala,  Costa  Rica,  and  Salvador. 
The  purpose  of  the  Pan-American  Federation  of  Labor  was  de- 
clared to  include  the  "establishment  of  better  conditions  for  the 
working  people  who  emigrate  from  one  country  to  another"  and 
the  utilization  of  "every  lawful  and  honorable  means  for  the 
purpose  of  cultivating  the  most  favorable  and  friendly  relation- 
ship between  the  labor  movements  and  the  peoples  of  the  Pan- 
American  Republics."  Another  meeting  was  held  in  Mexico  City 
during  the  week  of  January  10,  1921,  and  Mr.  Samuel  Gompers 
was  re-elected  president  of  the  Pan-American  Federation  of 
Labor. 

The  American  Federation  of  Labor  at  its  convention  in  Atlantic 
City  on  June  20,  1919,  endorsed  almost  unanimously  the  Covenant 
of  the  League  of  Nations  and  the  labor  clauses  of  the  Peace 
Treaty  after  a  long  and  earnest  debate- 

xxiv 


INTRODUCTION 

The  first  International  Congress  of  Working  Women  was 
called  by  the  National  Women's  Trade  Union  League  of  Amer- 
ica at  Washington,  October  28 — November  6,  1919.  This  con- 
ference passed  resolutions  concerning  each  item  of  the  agenda 
of  the  Washington  Labor  Conference  of  the  League  of  Nations 
and  submitted  recommendations  to  the  Washington  Conference 
concerning  the  amendment  of  Article  389  of  the  Peace  Treaty 
Vvith  respect  to  the  representation  accorded  to  countries  in  the 
General  Conference  of  the  International  Labor  Organization  of 
the  League.  The  proposed  amendment  required  that  each  nation 
represented  in  the  General  Conference  should  appoint  "two  dele- 
gates representing  the  government,  one  of  whom  shall  be  a 
woman;  two  delegates  representing  labor,  one  of  whom  shall  be 
a  woman;  and  two  delegates  representing  the  employers." 

International  Activities  of  Social  Reformers,  and  of  Private 

and  Semipuhlic  Associations. 

Efforts  of  Individuals. — Many  persons  in  the  capacity  of  social 
reformers  or  private  citizens  have  exerted  a  great  influence  upon 
the  movement  for  international  labor  legislation.  Its  pioneer  ad- 
vocate, Robert  Owen  (1771-1858)  belonged  to  this  class  as  did 
his  contemporaries,  Daniel  Legrand  (1783-1859)  and  Jerome 
Blanqui  (1798-1854).  Names  of  men  connected  with  the 
early  history  of  the  movement  are  Villerme,  Hahn,  Audiganne, 
Braber,  Bluntschli,  Wagner,  Brentano,  Wolowski,  Dumas, 
Schoenberg,  Thiersch,  Adler,  Albert  de  Mun,  Vaillant  and  others. 
Through  the  efforts  of  many  of  these  men*  the  principle  of  in- 
ternational labor  legislation  was  pressed  upon  the  attention  of 
governments. 

Congresses  Called  upon  the  Initiative  of  Private  Persons. — In 

1897  a  meeting  was  called  at  Brussels  by  persons  interested  in 

♦Audiganne  in  1856  published  a  book  advocating  laws  for  the  inter- 
national regulation  of  industry.  Schoenberg  in  1871  took  up  the  dis- 
cussion of  international  labor  legislation  in  his  Arbcitsamtcr.  Thiersch, 
a  theologian,  petitioned  the  German  Emeror  to  convoke  an  international 
labor  conference.  The  work  of  the  other  men  is  discussed  in  connection 
with  events  mentioned  in  following  chapters  or  footnotes.  Cf.  Ayusawa, 
International  Labor  Legislation,  pp.  25-29. 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

the  international  labor  movement  (see  p.  248).  Although  some 
men  who  had  been  delegates  at  the  official  Berlin  Conference  of 
1890  were  present,  the  Congress  of  Brussels  had  no  official 
status.  Its  secretary  was  Professor  Ernest  Mahaim  of  the  Uni- 
versit}^  of  Liege,  Belgium,  who  became  one  of  the  foremost 
leaders  of  the  movement.  As  a  result  of  this  meeting,  com- 
mittees were  formed  to  consider  means  of  bringing  about  the 
establishment  of  an  international  labor  office.  The  organization 
of  an  international  labor  office  had  been  proposed  to  the  Swiss 
Federal  Council  in  1889  and  had  been  considered  by  the  Berlin 
Conference  of  1890,  by  the  Congress  of  Zurich  of  1897,  and  by 
other  labor  conferences.  Moreover  the  Swiss  Government  had 
undertaken  in  1896  to  ascertain  the  attitude  of  several  European 
countries  toward  the  project  with  the  result  that  two  powers  re- 
sponded favorably,  two  thought  the  time  inopportune,  while  the 
others  were  either  opposed  or  undecided. 

The  work  of  the  committees  mentioned  above  led  to  the  calling 
of  a  meeting  under  the  direction  of  Professors  Cauwes  and  Jay 
at  the  time  of  the  Paris  Exposition  in  1900.  It  was  at  this  Inter- 
national Labor  Congress  of  Paris  that  the  International  Associa- 
tion for  Labor  Legislation  was  organized  including  a  private 
International  Labor  Office  established  in  1901  and  national  sec- 
tions (see  pp.  249-252). 

International  Association  for  Labor  Legislation. — The  duties 
of  the  Labor  Office  included  studying  the  development  of  labor 
legislation,  publishing  the  results  of  its  studies,  and  receiving 
and  transmitting  information  pertaining  to  the  creation  and  en- 
forcement of  international  labor  conventions.  Each  national 
section  of  the  International  Association  strove  for  improved 
working  conditions  in  its  own  country  and  at  the  same  time 
supported  the  efforts  of  the  Association  which  continued  to  work 
for  international  labor  legislation  as  socialists,  trade-unionists, 
government  officials  and  private  individuals  had  done  before  its 
formation.  Under  its  scientific  management  the  various  efforts 
put  forth  in  behalf  of  international  legislation  were  co-ordinated 
and  directed  into  channels  that  produced  practical  results.  Gov- 
ernments were  led  to  sign  bipartite  and  polypartite  labor  treaties 


INTRODUCTION 

making  international  labor  legislation  no  longer  a  mere  theory 
but  also  a  fact.  Between  1900  and  1912  the  Association  held 
seven  regular  international  meetings  of  delegates  (see  Exhibits 
11,  12,  14-18,  pp.  252-316). 

In  June  1918  the  International  Labor  Office  without  the  ap- 
proval of  the  members  of  the  Association  requested  that  a  pro- 
gram of  international  labor  legislation  be  incorporated  in  the 
Treaty  of  Peace  and  that  the  International  Labor  Office  be  made 
a  part  of  the  organization  of  the  proposed  League  of  Nations. 
This  request  was  fulfilled  by  the  Labor  Covenant  (Part  XIII) 
of  the  Peace  Treaty  which  made  an  official  International  Labor 
Office  a  part  of  the  International  Labor  Organization  of  the 
League  of  Nations. 

The  American  section  of  the  International  Association  is 
known  as  the  American  Association  for  Labor  Legislation  (see 
p.  323).  At  the  annual  meeting  of  the  American  Association 
in  Richmond,  Virginia,  December  28,  1918,  the  following  reso- 
lution was  adopted  with  reference  to  international  labor  pro- 
tection : 

WHEREAS,  Maladjustments  from  which  wage-earners  suffer,  such 
as  inadequate  wages,  excessive  hours  of  work,  unemployment,  and 
industrial  accident  and  disease,  are  not  confined  to  any  one  country; 
and 

WHEREAS,  These  international  evils  know  no  frontiers,  and  na- 
tional action  against  them  needs  to  be  supplemented  and  fortified  by 
common  agreement  on  minimum  standards  of  labor  conditions  below 
which  no  person  should  be  required  or  permitted  to  work;  there- 
fore, be  it 

RESOLVED,  That  the  American  Association  for  Labor  Legisla- 
tion urge  that  in  international  agreements  there  be  incorporated 
minimum  protective  labor  guarantees,  including: 

(1)  The  principle  of  the  living  wage. 

(2)  Three-shift  system  in  continuous  industries  and  one  day's  rest 
in  seven  in  all  occupations. 

(3)  Regulation  of  working  hours  for  women  and  young  persons, 
and  prohibition  of  night-work  by  them. 

(4)  Prohibition  of  child  labor. 

(5)  Establishment  of  public  employment  offices  and  use  of  public 
work  to  prevent  unemployment  during  the  period  of  demobilization 
and  other  comparatively  slack  times. 

(6)  Safety  and  sanitary  devices  in  industry,  and  in  transportation 
by  land  and  water,  including  international  use  of  automatic  couplers 
on  railroad  trains,  and  the  extension  of  the  Seamen's  Act. 

(7)  Comprehensive  systems  of  social  insurance  against  accident, 
sickness,  unemployment,  old  age,  invalidity,  and  death. 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

(8)  Provisions  for  collection  and  publication  of  comparable  labor 
statistics  through  the  International  Association  for  Labor  Legisla- 
tion and  for  the  enforcement  of  international  labor  regulations  through 
a  League  of  Nations. 

There  are  other  semi-public  and  private  associations*  which 
have  labored  for  improvement  in  certain  phases  of  industrial 
life  and  in  many  instances  have  co-operated  with  the  Interna- 
tional Association  for  Labor  Legislation.  Some  of  these  societies 
were  formed  long  before  the  International  Association  for  Labor 
Legislation.  The  following  are  cited  as  typical  examples  of 
such  organizations: 

International  Federation  for  the  Observance  of  Sunday. — In 
1876  the  International  Federation  for  the  Observance  of  Sunday 
was  organized  at  the  Congress  of  Geneva  which  was  called  by 
a  committee  of  the  Evangelical  Alliance  and  was  attended  by 
over  four  hundred  delegates  from  Switzerland,  France,  England, 
Holland,  Austria-Hungary,  Germany,  the  United  States,  Nor- 
way, Roumania,  Spain,  Belgium,  and  Italy.  Emperor  William 
I.  of  Germany  was  officially  represented  by  one  of  his  ambassa- 
dors. Various  industrial,  social,  philanthropic  and  labor  organi- 
zations sent  delegates.  The  question  of  the  proper  observance 
of  Sunday  was  approached  mainly  from  the  religious  standpoint, 
but  the  importance  of  Sunday  rest  from  the  standpoint  of  the 
needs  of  the  workers  has  also  been  recognized  and  emphasized 
in  various  international  conferences,  notably  those  of  1900  and 
1906  (see  p.  54).  Congresses  on  the  observance  of  Sunday  have 
been  held  at  the  following  places:  Geneva  (1876)  ;  Bern  (1879)  ; 
Paris  (1881)  ;  Brussels  (1885) ;  Paris  (1889)  ;  Stuttgart  (1892)  ; 
Chicago  (1893);  Brussels  (1897);  Paris  (1900);  St.  Louis 
(1904)  ;  Milan  (1906)  ;  Frankfort  on  the  Main  (1907)  ;  Edin- 
burgh (1908);  Geneva  (1911);  Oakland,  Cahfornia  (1915). 

Permanent  International  Committee  of  Social  Insurance. — 
This  body  was  organized  primarily  for  the  technical  study  of  the 
problems  of  social  insurance-  Its  discussions  have  been  pub- 
lished and  from  these  much  of  value  in  the  principles  and  prac- 
tise of  social  insurance  has  been  derived  (see  pp.  100,  143). 

At  the  first  International  Congress  on  Labor  Accidents  held 
at  Paris  in  1889,  a  permanent  committee  was  formed  to  continue 

*C/.  U.  S.  Bulletin,  opp.  cit.,  pp.  83-115. 


IXTRODUCTION 

the  movement  for  social  ins'irancc.  Under  the  direction  of  this 
committee,  now  known  as  the  Permanent  International  Com- 
mittee of  Social  Insurance,  congresses  have  been  held  at  Bern 
(1891)  ;  Milan  (1894)  ;  Brussels  (1897)  ;  Paris  (1900)  ;  Dussel- 
dorf  (1902);  Vienna  (1905);  Rome  (1908).  To  the  Congress 
of  Rome  in  1908,  official  delegates  were  sent  by  twenty-five 
countries  and  nearly  r400  persons  attended  representing  Argen- 
tina, Uruguay,  the  United  States,  Australia,  Austria,  Belgium, 
Canada,  Nicaragua,  Guatemala,  Holland,  Hungary,  Italy,  Japan, 
Luxemburg,  Greece,  Norway,  New  Zealand,  Portugal,  Rou- 
mania,  Russia,  Serbia,  Spain,  Sweden,  Switerland,  China,  Den- 
mark, Finland,  France,  Germany  and  Great  Britain.  It  was  de- 
cided at  the  Congress  of  Rome  to  hold  the  general  congresses  at 
longer  intervals  and  to  organize  national  committees  to  meet 
more  frequently  for  the  purpose  of  discussing  special  topics. 
Under  this  plan  committee  conferences  were  held  at  The  Hague 
in  1910  and  at  Dresden  in  1911,  and  a  meeting  of  members  of 
the  Permanent  International  Committee  and  the  national  com- 
mittees, together  with  other  specialists,  was  held  at  Zurich  in 
1912. 

International  Congress  on  Occupational  Diseases. — The  first 
International  Congress  on  Occupational  Diseases  was  held  at 
Milan  in  June,  1906.  On  this  occasion  an  association  was  formed 
under  the  name  of  Permanent  International  Commission  for  the 
Study  of  Occupational  Diseases. 

The  purpose  of  the  organization  was*  "to  hold  international 
and  national  congresses  for  the  study  of  occupational  diseases; 
to  study  and  assemble  material  on  industrial  and  social  hygiene; 
to  institute  at  Milan  a  bibliographical  service  for  the  use  of  all 
interested  in  the  study  of  occupational  diseases ;  to  publish  a 
bibliographical  magazine  in  French ;  to  call  the  attention  of 
authorities  to  the  results  of  researches  in  industrial  hygiene ;  and 
to  make  recommendations  to  learned  societies  thereon ;  and  to 
bring  to  the  public  attention  of  governments,  universities,  hos- 
pitals, etc.,  the  efforts  being  made  in  this  connection."  This 
organization  has  formed  national  committees  in  various  countries 

*Ibid.,  p.  109. 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

including  Switzerland,  Holland,  Austria,  Hungaiy,  France,  the 
United  States,  Bulgaria,  Canada,  Spain,  Great  Britain,  Greece 
and  Italy.  Italian  physicians  and  scientists  have  been  the  leaders 
in  this  organization.  Its  headquarters  were  located  at  Milan, 
Italy.  The  second  international  meeting  was  held  at  Brussels 
in  1910. 

International  Association  on  Unemployment. — The  Italian  So- 
ciety, Umanitaria,  held  the  first  International  Congress  on  Unem- 
ployment at  Milan  in  1906  (see  p.  53). 

In  1910  an  International  Association  on  Unemployment  was 
organized  at  Paris.  The  headquarters  of  the  Association  were 
located  at  Ghent.  The  aim  of  the  organization  was  to  bring 
about  the  adoption  of  the  measures  most  effective  in  preventing 
unemployment.  For  this  purpose,  it  adopted  the  following 
methods  :**  "  ( 1 )  The  organization  of  a  permanent  national  office 
to  centralize,  classify,  and  hold  at  the  disposition  of  those  in- 
terested the  documents  relating  to  the  various  aspects  of  the 
struggle  against  unemployment  in  different  countries;  (2)  the 
organization  of  periodical  international  meetings,  either  public 
or  private;  (3)  the  organization  of  special  studies  on  certain 
aspects  of  the  problem  of  unemployment  and  the  answering  of 
inquiries  on  these  matters ;  (4)  the  publication  of  essays  and  of 
a  journal  on  unemployment;  (5)  negotiations  with  private  insti- 
tutions or  the  public  authorities  of  each  country  with  the  object 
of  advancing  legislation  on  unemployment  and  obtaining  com- 
parable statistics  and  possibly  agreements  or  treaties  concerning 
matters  of  unemployment." 

National  sections  of  the  International  Association  on  Unem- 
ployment were  organized  in  sixteen  countries  before  the  end  of 
1913  (see  p-  322).  The  International  Committee  of  the  Associa- 
tion held  meetings  at  Ghent  in  1911  and  at  Zurich  in  1912.  The 
first  general  assembly  of  the  Association  was  convened  at  Ghent 
in  1913. 

International  Home  Work  Organisation. — The  permanent 
bureau  of  the  International  Congress  of  Home  Work  was  created 
in  1910  by  the  Brussels  Congress  on  Home  Work.     Resolutions 

**Ibid.,  pp.  Ill,  112. 


INTRODUCTION 

were  passed  calling  for*  "compulsory  registration  by  contractors 
or  subcontractors  of  all  home  workers,  with  the  books  relating 
to  wages  and  description  of  work  open  at  all  times  to  the  labor 
inspectors ;  establishment  by  joint  committees  for  a  limited  period 
of  time,  of  a  minimum  wage  applicable  to  all  average  workers, 
the  decisions  of  these  committees  to  be  enforced  by  a  superior 
council;  establishment  of  a  standard  of  healthfulness  in  the  dif- 
ferent trades  in  order  to  determine  the  industries  which  should 
be  either  regiilated  or  suppressed ;  prohibition  of  work  of  child- 
ren under  fourteen  years  of  age  and  instruction  of  children  up 
to  this  age."  The  permanent  bureau  was  located  at  Brussels 
and  it  convened  the  second  International  Congress  on  Home 
Work  at  Zurich  in  1912.  The  countries  sending  official  delegates 
were:  Portugal,  Norway,  Holland,  Luxemburg,  Japan,  Italy, 
Hungary,  Belgium,  Chile,  Denmark,  France,  Saxony,  Sweden, 
the  United  States,  Roumania,  and  Russia.  The  Congress  divided 
into  four  sections  each  of  which  prepared  resolutions  on  special 
topics  assigned  to  it.  The  resolutions  contained  a  "proposed  act 
to  regulate  paid  home  work"  for  legislative  adoption  by  the  dif- 
ferent countries.  This  act  prescribed  the  conditions  under  which 
home  workers  should  be  registered  by  the  employers  and  the 
regulations  necessary  for  the  protection  of  the  home  worker  and 
the  ultimate  consumer  of  his  product.  The  resolutions  provided 
for  protection  from  industrial  poisoning;  the  prohibition  of  the 
manufacture  of  foodstuffs  and  tobacco  by  home  workers;  the 
compulsory  notification  of  contagious  diseases,  and  the  pre- 
cautions to  be  taken  where  such  occur  in  home  work  shops,  and 
a  special  system  of  inspection  for  home  work.  Also  provision 
was  made  for  fixing  wage  rates  through  special  wage  boards  or 
through  existing  industrial  councils. 

The  Congress  urged  that  support  be  given  to  the  trade-union 
movem.ent  among  home  workers  and  advised  co-operation  with 
consumers'  leagues  in  "spreading  the  principles  adopted  by  the 
Congress." 

Growth  of  Internationalism,  1890-1900. — The  period  from  1890 
to  1900  was  one  of  extraordinary  activity  in  the  development  of 
international  organizations  relating  to  all  sorts  of  movements, 

*Ibid.,  p.  114. 

xxxi 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

of  which  the  international  labor  movement  was  but  one.  As 
examples  of  international  movements,  some  of  which  were  or- 
ganized previous  to  1890  and  all  of  which  held  meetings  prior 
to  1900,  may  be  mentioned  the  International  Congress  of  Hygiene 
and  Demography ;  the  International  Prison  Commission ;  the 
Universal  Postal  Union ;  the  International  Co-operative  Alliance ; 
the  International  Railway  Conference ;  the  International  Actua- 
rial Conference ;  and  the  International  Congress  of  Women.  In 
Paris  in  1900  during  the  World's  Fair  occurred  an  International 
Socialist  Congress ;  the  formation  of  the  International  Association 
for  Labor  Legislation ;  the  International  Congress  for  the  Teach- 
ing of  the  Social  Sciences ;  the  International  Congress  of  Orni- 
thology; the  International  Congress  of  Navigation;  the  Inter- 
national Congress  on  Work  or  Assistance  in  Time  of  War;  the 
International  Co-operative  Alliance;  the  International  Congress 
of  Aboriculture ;  the  International  Society  of  Physicists ;  the  In- 
ternational Railway  Congress ;  the  International  Actuarial  Con- 
gress ;  the  International  Congress  of  Comparative  Legislation ;  the 
International  Congress  on  Chronometry ;  the  International  Con- 
gress on  Private  International  Law ;  and  many  other  international 
assemblages. 

Intergovernmental  Action  Respecting  Labor 

The  first  official  move  for  the  realization  of  international  labor 
legislation  was  made  in  1855  by  the  Swiss  Canton  of  Glarus  which 
sent  a  communication  to  the  Council  of  Zurich  suggesting  the 
international  control  of  certain  labor  conditions.  In  1876  the 
subject  of  international  labor  legislation  was  discussed  by  Colonel 
Frey  before  the  Swiss  Parliament  and  in  1880  he  made  a  motion 
before  the  National  Council  directing  the  Federal  Council  to  enter 
into  negotiations  with  other  countries  with  a  view  to  estabHshing 
international  factory  laws.  In  1881  the  motion  was  favorably 
considered  by  the  National  Council  and  the  Federal  Council  began 
soon  after  to  ascertain  the  attitude  of  several  other  governments 
toward  the  project  (see  p.  19).  The  replies  were  not  sufficiently 
encouraging  to  cause  Switzerland  to  take  any  further  action  in 
the  matter  at  that  time.     In  1887  and  1888   (see  pp.  240-243) 


INTRODUCTION 

the  Federal  Council  made  another  attempt  to  interest  other 
countries  and  upon  receiving  a  more  favorable  response  than  in 
1881,  it  proceeded  to  prepare  for  an  official  international  labor 
con;jress  to  be  held  at  Bern.  The  congress  was  cancelled,  how- 
ever, to  give  place  to  the  Conference  of  Berlin  (1890)  which 
was  called  by  the  German  Government. 

In  1884  Count  Albert  de  Mun  discussed  international  labor 
legislation  before  the  French  National  Assembly  and  in  the  next 
year  leading  French  deputies  including  Proudhon,  Camelinat, 
Boyer,  Hugues,  Basley,  and  Gilly  responded  by  placing  before 
the  committee  of  the  Chamber  of  Deputies  a  bill  (see  p.  239) 
relating  to  international  labor  law  and  favoring  the  action  of  the 
Swiss  Government. 

In  1871  Bismarck  proposed  to  a  representative  of  Austria  that 
agreements  fixing  certain  standards  of  social  legislation  be  con- 
cluded between  Germany  and  Austria.  This  proposed  course  of 
action  was  considered  a  few  years  later  at  a  conference,  but  no 
such  agreements  between  the  countries  were  reached. 

In  1885  Baron  von  Hertling  championed  the  cause  of  inter- 
national labor  legislation  in  the  Reichstag,  but  Bismarck  was 
wholly  opposed  to  the  movement  as  being  impracticable.  In  1886 
the  Social  Democratic  Party  proposed  that  the  Reichstag  adopt 
a  resolution  (see  p.  240)  calling  upon  the  Chancellor  of  the  Em- 
pire to  convoke  an  international  conference  to  formulate  an 
international  labor  agreement.  In  1889  labor  disturbances  threat- 
ened Germany,  and  the  Imperial  Government,  as  mentioned 
above,  convened  the  first  official  international  labor  Conference 
at  Berlin  in  1890- 

Conference  of  Berlin,  1890. — International  labor  legislation 
was  discussed  and  resolutions  (see  pp.  244-248)  were  adopted  by 
the  delegates  of  the  governments  represented.  This  Conference 
did  not  have  any  direct  practical  results.  It  increased  the  general 
interest  in  the  movement,  however,  and  had  an  indirect  influence 
in  the  formation  of  the  International  Association  for  Labor  Leg- 
islation in  1900.  Between  1890  and  1905  various  unofficial  labor 
congresses  were  held  before  the  next  strictly  official  labor  con- 
ference was  convened. 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

Conferences  of  Bern,  1905  and  1906.* — As  a  direct  result  of 
the  efforts  of  the  International  Association  for  Labor  Legislation, 
an  official  Conference  was  called  by  Switzerland  at  Bern  in  1905. 
It  drew  up  draft  copies  (see  pp.  174,  175)  of  international  labor 
conventions  which  were  amended  and  approved  by  the  second 
official  Conference  of  Bern  in  1906.  When  ratified  by  the  various 
countries,  these  two  conventions  (see  pp.  175-180)  concerning 
respectively  the  prohibition  of  the  use  of  white  phosphorus  in 
the  manufacture  of  matches  and  the  prohibition  of  night-work 
for  women  in  industrial  employment  became  the  first  two  poly- 
partite  labor  treaties  ever  adopted.  Some  bipartite  labor  treaties 
had  been  adopted  previous  to  this.  Thus  The  Movement  for 
International  Labor  Legislation  (see  Part  I  of  this  book)  resulted 
in  the  creation  of  International  Labor  Legislation  (see  Part  II). 
The  United  States  was  not  a  signatory  to  either  of  the  Con- 
ventions. 

In  1906  Great  Britain  attempted  to  bring  about  the  formation 
of  a  permanent  commission  to  gather  information  and  in  a  gen- 
eral way  to  superintend  the  enforcement  of  international  labor 
laws  as  well  as  to  investigate  matters  in  dispute  (see  pp.  118, 
119,  122,  316-318).  Although  the  British  proposal  was  not 
adopted,  it  forms  the  basis  in  the  history  of  international  labor 
legislation  for  the  labor  clauses  of  the  Peace  Treaty  which  confer 
upon  the  International  Labor  Organization  means  for  securing 
the  enforcement  of  international  labor  conventions. 

Conference  of  Bern,  1913. — The  International  Association  for 
Labor  Legislation  prepared  a  program  to  serve  as  a  guide  in  the 
creation  of  two  more  draft  conventions  for  international  adop- 
tion and  the  Swiss  Government  again  took  the  initiative  in  calling 
an  official  conference.  The  delegates  met  at  Bern  in  1913  and, 
taking  the  program  proposed  by  the  Association  as  a  basis,  drew 
up  and  adopted  two  draft  conventions  concerning  respectively 
the  prohibition  of  night-work  for  young  persons  employed  in 
industrial  occupations  and  the  limitation  of  day-work  for  women 
and  young  persons  employed  in  such  occupations  (see  pp.  318- 
321).  A  diplomatic  conference  for  the  official  adoption  of  these 
conventions  was  scheduled  for  Sept.  3,  1914,  but  because  of  the 

♦See  Part  II,  Chapter  I,  entitled  "Conventions  Signed  at  Bern." 

XXXIV 


INTRODUCTION 

World  War  the  conference  was  not  held  and  no  formal  treaties 
resulted. 

Bipartite  Labor  Treaties. — The  International  Association  for 
Labor  Legislation  exerted  an  important  influence  in  bringing 
about  the  formation  of  bipartite  labor  treaties.  The  question  of 
a  protective  labor  treaty  between  France  and  Italy  was  discussed 
by  delegates  from  the  two  countries  at  the  Second  Delegates' 
Meeting  at  Cologne  in  1902 ;  and  in  1904  the  first  bipartite  labor 
treaty,  drawn  up  by  the  French  statesman,  Arthur  Fontaine,  in 
conjunction  with  the  Italian  statesman,  Luzatti,  was  ratified  by 
their  governments.  This  Treaty  dealt  with  insurance  and  pro- 
tection of  foreign  workers  and  with  national  laws  regulating 
the  conditions  of  labor.  It  was  the  first  instance  in  which  the 
movement  for  international  labor  legislation  resulted  in  the  actual 
adoption  of  a  labor  treaty  as  the  Bern  Conventions  were  not 
drafted  and  formally  ratified  until  later.  It  should  be  noted  that 
polypartite  treaties  such  as  the  Bern  Conventions  make  for 
greater  uniformity  of  labor  standards  and  are  more  difficult  to 
create  than  bipartite  treaties. 

Agreements  concerning  the  migration  or  recruitment  of  alien 
labor  were  entered  into  between  Great  Britain  and  France  under 
date  of  October  20,  1906;  between  Transvaal  and  Portuguese 
Mozambique  under  date  of  April  1,  1909;  between  the  United 
States  and  Japan  under  date  of  April  5,  1911 ;  and  between  Spain 
and  the  Republic  of  Liberia  under  date  of  May  22/'June  12,  1914. 

By  far  the  largest  number  of  bipartite  labor  treaties  concerned 
the  equality  of  treatment  of  alien  and  native  workmen  with  re- 
spect to  the  labor  laws  of  the  countiy  giving  employment. 
Several  such  treaties  were  savings  bank  agreements  which  per- 
mitted the  transfer  of  deposits  from  the  savings  banks  of  one 
country  to  those  of  the  other  country  without  charge.  Other 
treaties  dealt  with  social  insurance  and  accident  insurance,  mak- 
ing applicable  to  resident  alien  workers  the  laws  of  the  country 
of  employment,  or  granting  to  non-resident  dependents  of  alien 
workers  the  benefits  of  the  laws  of  the  country  of  employment- 
Social  insurance  agreements  and  accident  insurance  agreements 
were  adopted  by  the  following  countries  (see  Part  II,  Chapter 
II,  entitled  "Protective  Labor  Treaties")  : 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

France  and  Italy,  April  15,  1904  (for  text  of  Treaty  see  pp.  180-184). 

Switzerland  and  Italy,  July  13,  1904  (p.  194). 

Germany  and  Italy,  December  3,  1904  (p.  195). 

Germany  and  Austria-Hungary,  January  19,  1905  (p.  195). 

Luxemburg  and  Belgium,  April  15,  1905   (pp.  195-197). 

Germany  and  Luxemburg,  September  2,  1905  (pp.   197-200). 

France  and  Belgium,  February  21,  1906  and  March  12,  1910  (pp.  200- 

202). 
Luxemburg  and  Belgium,  May  22,   1906  (p.  197). 
France  and  Italy,  June  9,  1906  (pp.  184-188). 
France  and  Luxemburg,  June  27,  1906  (pp.  203,  204). 
Germany  and  the   Netherlands,  August  27,   1907  and  May  30,   1914 

(pp.  205-208). 
France  and  the  United  Kingdom,  July  3,  1909  (pp.  208-210). 
Hungary  and  Italy,  September  19,  1909   (pp.  210-214). 
France  and  Italy,  August  9,  1910  (p.  156). 
Germany  and  Sweden,  May  2,  1911   (p.  215). 
Germany  and  Belgium,  July  6,  1912  (pp.  217-221). 
Germany  and  Italy,  July  31,  1912  (pp.  221-227). 
Germany  and  Spain,  November  30th,  1912/Feb.  12,  1913  (p.  227). 
Italy  and  the  United  States,  February  25,  1913  (p.  228). 
France  and  Switzerland,  October  13,  1913  (p.  229). 

A  Treaty  between  France  and  Italy,  June  10,  1910  (pp.  189- 
194),  provided  for  reciprocal  protection  of  children  with  respect 
to  the  labor  and  educational  laws  of  each  country,  and  a-  Treaty 
between  France  and  Denmark,  August  9,  1911  (pp.  215-217)  sub- 
jected to  arbitration  disputes  relating  to  their  labor  laws. 

A  convention  was  concluded  at  Paris,  August  9,  1917,  between 
France  and  the  Republic  of  San  Marino  in  order  to  insure  to 
workers  of  the  two  countries  compensation  for  injuries  result- 
ing from  industrial  accidents.  An  agreement  was  drawn  up  be- 
tween Norway,  Denmark  and  Sweden,  February  12,  1919, 
respecting  reciprocity  in  the  matter  of  accident  insurance.  On 
September,  30,  1919,  France  and  Italy  signed  a  new  labor  Treaty* 
which  provided  that  the  workers  of  either  country,  when  em- 
ployed in  the  other,  should  receive  the  same  treatment  as  nationals 
with  respect  to  labor  conditions  and  social  insurance  benefits. 
The  Treaty  specified  such  reciprocity  with  reference  to  wages 
and  working  and  living  conditions,  stabilization  of  labor  markets, 
social  insurance,  acquisition  of  land,  charitable  aid,  arbitration 
boards  and  labor  laws,  protection  of  children  and  adults,  workers' 
taxes,  and  seamen  and  fishermen. 

*For  the  text  of  the  Treaty,  see  the  "Monthly  Labor  Review," 
(United  States  Bureau  of  Labor  Statistics),  Feb.  1920,  pp.  47-53. 


INTRODUCTION 

International  Labor  OrgavAzation  of  the  League  of  Nations. — 
On  January  18,  1919,  the  Peace  Conference  formally  opened, 
and  at  its  second  plenary  session  a  commission  was  created  to 
study  international  labor  legislation.  Samuel  Gompers  was  the 
president  of  this  Commission  which  submitted  its  report  to  the 
Peace  Conference  dated  March  24,  1919.  This  report  recom- 
mended the  inclusion  in  the  Peace  Treaty  of  labor  clauses  cre- 
ating an  International  Labor  Organization  in  conjunction  with 
the  League  of  Nations  (see  p.  101  et  seq.).  This  recommenda- 
tion was  adopted  and  the  labor  clauses  (see  p.  401  et  seq.) 
constitute  what  is  popularly  termed  the  "Labor  Charter"  (Part 
XIII  of  the  Peace  Treaty). 

Every  member  of  the  League  of  Nations  subscribed  to  the 
following  nine  fundamental  principles: 

FIRST. — The  guiding  principle  above  enunciated  that  labor  should 
not  be  regarded  merely  as  a  commoditi'-  or  article  of  commerce. 

SECOND. — The  right  of  association  for  all  lawful  purposes  by  the 
employed  as  well  as  by  the  employers. 

THIRD. — The  payment  to  the  employed  of  a  wage  adequate  to 
maintain  a  reasonable  standard  of  life  as  this  is  understood  in  their 
time  and  country. 

FOURTH. — The  adoption  of  an  eight-hours  day  or  a  forty-eight 
hours  week  as  the  standard  to  be  aimed  at  where  it  has  not  already 
been  attained. 

FIFTH. — The  adoption  of  a  weekly  rest  of  at  least  twenty-four 
hours,  which  should  include  Sunday  wherever  practicable. 

SIXTH. — The  abolition  of  child  labor  and  the  imposition  of  such 
limitations  on  the  labor  of  young  persons  as  shall  permit  the  con- 
tinuation of  their  education  and  assure  their  proper  physical  develop- 
ment. 

SEVENTH. — The  principle  that  men  and  women  should  receive 
equal  remuneration  for  work  of  equal  value. 

EIGHTH. — The  standard  set  by  law  in  each  country  with  respect 
to  the  conditions  of  labor  should  have  due  regard  to  the  equitable 
economic  treatment  of  all  workers  lawfully  resident  therein. 

NINTH. — Each  State  should  make  provision  for  a  system  of  in- 
spection in  which  women  should  take  part,  in  order  to  ensure  the 
enforcement  of  the  laws  and  regulations  for  the  protection  of  the 
employed. 

Without  claiming  that  these  methods  and  principles  are  either  com- 
plete or  final,  the  High  Contracting  Parties  are  of  opinion  that  they 
are  well  fitted  to  guide  the  policy  of  the  League  of  Nations;  and  that 
if  adopted  by  the  industrial  comnmnitics  who  arc  members  of  the 
League,  and  safeguarded  in  practice  by  an  adequate  system  of  such 
inspection,  they  will  confer  lasting  benefits  upon  the  wage-earners  of 
the  world. 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

First  In^rnational  Labor  Conference  of  the  Labor  Organiza- 
tion of  the  League  of  Nations,  Washington,  D.  C,  October  29- 
Movember  29,  1919.— On  August  11,  1919,  President  Wilson 
cabled  an  official  invitation  to  thirty-four  countries  to  send  repre- 
sentatives to  the  first  official  labor  conference  of  the  League  of 
Nations.  The  United  vStates  v^as  not  represented  by  official 
delegates  at  this  meeting  and  cast  no  votes  as  it  had  not  signed 
the  Peace  Treaty  nor  become  a  member  of  the  League  of  Na- 
tions. The  Conference  invited  employers  and  workers  of  the 
United  States  to  send  delegates.  Employers  did  not  respond  to 
the  invitation.  Mr.  Samuel  Gompers  was  appointed  to  repre- 
sent the  workers.  Hon.  William  B.  Wilson,  Secretary  of  Labor 
of  the  United  States,  was  made  president  of  the  Conference.  The 
countries  represented  by  delegates  were:  Argentina,  Belgium, 
Bolivia,  Brazil,  Canada,  Chile,  Czechoslovakia,  China,  Cuba, 
Columbia,  Denmark,  Ecuador,  Finland,  France,  Great  Britain, 
Greece,  Guatemala,  India,  Italy,  Japan,  Holland,  Nicaragua,  Nor- 
way, Paraguay,  Persia,  Peru,  Poland,  Portugal,  Roumania,  Sal- 
vador, Siam,  Serbs-Croats-Slovenes,  South  Africa,  Spain, 
Sweden,  Switzerland,  Haiti,  Panama,  Uruguay,  and  Venezuela. 

The  Washington  Conference  adopted  six  draft  conventions  for 
ratification  by  members  of  the  League  of  Nations  and  six  recom- 
mendations.* 

The  first  draft  convention  "limiting  the  hours  of  work  in  in- 
dustrial undertakings  to  eight  in  the  day  and  forty-eight  in  the 
week"  applied  to  persons  "employed  in  any  public  or  private 
industrial  undertaking,  or  in  any  branch  thereof,  other  than  an 
undertaking  in  which  only  members  of  the  same  family  are  em- 
ployed." By  its  provisions  the  eight-hour  limit  could  be  exceeded 
on  some  days  by  not  more  than  one  hour,  if  there  occurred  a 
corresponding  decrease  in  the  number  of  hours  required  on  other 
days,  thus  making  possible  a  forty-eight-hour  week  with  a  Sat- 
urday half-holiday.  For  persons  employed  in  shifts  the  day 
might  be  extended  beyond  eight  hours  provided  the  average  num- 
ber of  hours  over  a  period  of  three  weeks  did  not  exceed  forty- 
eight  hours  per  week.     Exceptions  were  allowed  for  accidents, 

*For  copies  of  the  draft  conventions  and  recommendations,  see  the 
Supplement  (p.  400). 


INTRODUCTION 

emergencies,  or  force  majeure,  in  so  far  as  necessary  to  avoid 
serious  interference  with  the  ordinary  work  of  the  undertaking. 
A  special  exception  also  was  allowed  in  continuous  industries 
provided  that  the  working  hours  did  not  exceed  fifty-six  hours 
in  the  week  on  the  average.  Other  exceptions  were  allowed  so 
as  to  make  the  convention  sufficiently  elastic  for  application  to 
the  various  industries  of  the  different  countries.  It  furthermore 
required  each  employer  to  post  notices  stating  the  conditions  of 
employment  in  his  industry.  Each  signatory  agreed  to  apply  the 
convention  to  its  colonies,  protectorates,  and  possessions,  with 
necessary  exceptions.  Ratifications  were  to  be  registered  with 
the  Secretary  General  of  the  League  of  Nations  and  the  latest 
date  fixed  for  the  convention's  going  into  effect  was  July  1,  1921. 
The  agreement  permitted  denunciation  after  the  expiration  of  ten 
years. 

Special  exception  and  delays  in  the  adoption  of  the  convention 
were  allowed  for  special  countries,  the  industries  of  which 
were  so  undeveloped  as  not  to  permit  its  application  on  equal 
terms  with  other  members  of  the  League.  These  special  coun- 
tries were:  Japan,  India,  China,  Persia,  Siam,  Greece,  and 
Roumania. 

The  second  draft  convention  concerned  unemployment  and  re- 
quired that  each  signatory  should  communicate  to  the  Interna- 
tional Labor  Office,  as  often  as  once  every  three  months,  all 
available  information  concerning  unemployment  and  the  meas- 
ures contemplated  for  combatting  it.  Another  provision  stated 
that  "each  member  which  ratifies  this  convention  shall  establish 
a  system  of  free  employment  agencies  under  the  control  of  a 
central  authority,"  co-ordinated  with  the  International  Labor 
Office,  while  a  third  Article  provided  for  an  agreement  upon 
terms  whereby  subjects  of  one  of  the  contracting  parties  work- 
ing in  the  territory  of  the  other  could  be  admitted  equally  with 
citizens  of  the  State  to  the  benefits  of  unemployment  insurance. 
The  date  fixed  as  final  for  bringing  the  convention  into  effect 
was  July  1,  1921. 

Besides  the  draft  convention  a  recommendation  concerning  un- 
employment was  adopted  to  the  effect  that  the  establishment  of 
private  employment  agencies  charging  fees  should  be  prohibited, 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

and  that  those  ah-eady  established  should  be  required  to  obtain 
government  licenses  and  should  be  abolished  as  soon  as  possible ; 
that  the  recruitment  of  bodies  of  laborers  in  one  country  with  a 
view  to  their  employment  in  another  country  should  be  permitted 
only  by  mutual  agreement  between  the  countries;  that  each 
member  of  the  International  Labor  Organization  should  establish 
an  effective  system  of  unemployment  insurance ;  and  that  each 
member  should  reserve  as  much  public  work  as  practicable  for 
periods  of  unemployment. 

The  second  recommendation  advised  each  member  reciprocally 
to  grant  to  alien  workers  the  benefits  of  protective  labor  laws 
and  the  right  of  lawful  organization  as  enjoyed  by  its  own 
workers. 

The  draft  convention  concerning  the  employment  of  women 
before  and  after  childbirth  was  the  first  polypartite  labor  con- 
vention proposed  to  apply  to  commercial  undertakings  as  well 
as  to  industrial  undertakings.  According  to  its  provisions  a 
woman  should  not  be  allowed  to  work  within  six  weeks  follow- 
ing her  confinement  and  she  should  be  privileged  to  leave  work 
six  weeks  before  confinement,  and  to  receive  adequate  benefits 
during  these  periods  together  with  proper  protection  against  any 
unjust  dismissal  by  her  employer.  Moreover,  half  an  hour  tv/ice 
each  day  during  working  hours  must  be  allowed  such  women  for 
the  purpose  of  nursing  their  children. 

The  draft  convention  concerning  the  employment  of  women 
during  the  night  was  adopted  to  supersede  the  Bern  Convention 
of  1906;  but  in  reality  it  constituted  an  extension  of  that  Con- 
vention providing  a  rest  period  of  at  least  eleven  consecutive 
hours  including  the  interval  between  ten  o'clock  in  the  evening 
and  five  o'clock  in  the  morning.  The  main  provisions  of  the 
Bern  Convention  remained  unaltered  (see  Chapter  I  of  Part  II). 
The  clause  of  the  old  Convention  limiting  its  application  to  under- 
takings employing  more  than  ten  men  or  women  was  removed 
so  as  to  make  the  new  convention  apply  to  all  industrial  under- 
takings excepting  only  those  in  which  only  members  of  the  same 
family  are  employed.  The  definition  of  "industrial  undertakings" 
was  restated  so  as  to  make  it  apply  to  all  industrial  undertakings 
within  the  sphere  of  application  of  other  conventions. 


INTRODUCTION 

Two  other  recommendations  were  adopted;  one  was  for  the 
prevention  of  anthrax,  and  the  other  for  the  protection  of  women 
and  children  against  lead  poisoning.  The  latter  urged  the  ex- 
clusion of  women  and  young  persons  under  eighteen  years  of  age 
from  employment  in  processes  using  lead  compounds.  Where 
such  employment  occurs,  the  regulations  necessary  to  prevent 
poisoning  were  prescribed. 

The  fifth  recommendation  advocated  the  establishment  of 
efficient  factory  inspection  and  government  service  for  safeguard- 
ing the  health  of  workers ;  and  the  sixth  recoirmiendation  advised 
each  member  of  the  International  Labor  Organization  to  adhere 
to  the  Bern  Convention  prohibiting  the  use  of  white  phosphorus 
in  the  manufacture  of  matches. 

By  the  terms  of  the  fifth  draft  convention,  "children  under 
the  age  of  fourteen  years  shall  not  be  employed  or  work  in  any 
public  or  private  industrial  undertaking,  or  in  any  branch  thereof, 
other  than  an  undertaking  in  which  only  members  of  the  same 
family  are  employed."  Special  exceptions  to  this  were  allowed 
in  the  cases  of  Japan  and  India.  The  convention  required  em- 
ployers to  keep  a  register  of  all  employees  under  the  age  of  six- 
teen. The  date  for  the  convention  going  into  effect  was  fixed  for 
not  later  than  July  1,  1922. 

The  sixth  draft  convention  concerned  the  night-work  of  young 
persons  in  industry  and  prohibited  the  employment  during  the 
night  of  young  persons  under  eighteen  years  of  age.  The  Bern 
draft  convention  of  1913  (see  pp.  318-320,  also,  p.  131  et  seq.), 
which  constituted  the  basis  for  the  formation  of  this  convention, 
had  fixed  the  age  limit  at  sixteen  instead  of  eighteen.  The  Wash- 
ington convention  made  exceptions  for  steel  works,  glass  works, 
paper  and  raw  sugar  manufactories,  and  gold  mining  reduction 
work,  in  which  young  persons  over  the  age  of  sixteen  could  be 
em.ployed.  The  term  "night"  was  defined  as  signifying  "a  period 
of  at  least  eleven  consecutive  hours,  including  the  interval  be- 
tween ten  o'clock  in  the  evening  and  five  o'clock  in  the  morn- 
ing." Special  exemptions  were  allowed  for  Japan  and  India.  The 
prohibition  of  night-v/ork  for  young  persons  over  sixteen  years 
of  age  could  be  suspended  in  case  of  serious  emergencies.  There 
were  also  special  provisions  applying  to  workers  in  coal  and  lig- 

xH 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

nite  mines  and  bakeries.  The  date  for  bringing  the  provisions 
of  the  convention  into  operation  was  set  for  not  later  than  July 
1,  1922. 

Second  International  Labor  Conference  of  the  Labor  Organi- 
zation of  the  League  of  Nations,  Genoa,  June  15 — July  10,  1920. 
— The  official  Conference  of  Genoa  was  devoted  exclusively  to 
the  consideration  of  protection  for  seamen.  Three  draft  conven- 
tions and  four  recommendations  were  adopted.* 

The  first  recommendation  favored  the  adoption  of  the  eight- 
hour  day  and  forty-eight-hour  week  in  so  far  as  possible  in  the 
fishing  industry,  and  the  second  recommendation  advocated  the 
same  measures  for  workers  employed  in  inland  navigation.  The 
third  recommendation  asked  each  member  of  the  International 
Labor  Organization  to  codify  seamen's  laws  and  regulations.  The 
fourth  recommendation  urged  the  adoption  of  unemployment  in- 
surance for  seamen. 

The  first  draft  convention  fixed  fourteen  as  the  minimum  age 
for  the  admission  of  children  to  employment  at  sea.  The  date 
for  enforcement  of  its  terms  was  fixed  for  not  later  than  July 
1,  1922. 

The  second  draft  convention  provided  unemployment  indem- 
nity for  seamen  to  be  paid  by  the  employer  in  case  of  the  loss  or 
foundering  of  a  ship.  Members  ratifying  the  convention  engaged, 
whenever  possible,  to  apply  it  to  colonies,  protectorates  and 
possessions  with  necessary  modifications.  The  final  date  for  the 
convention  coming  into  force  was  set  for  July  1,  1922. 

The  third  draft  convention  was  adopted  with  a  view  to  estab- 
lishing facilities  for  finding  employment  for  seamen.  Employ- 
ment agencies  charging  fees  for  profit  were  prohibited  unless 
licensed  by  the  government.  The  establishment  of  free  public 
employment  bureaus  was  required.  Committees  representing 
shipowners  and  seamen  were  to  give  advice  concerning  the  ad- 
ministration of  these  bureaus.  Freedom  of  choice  of  ship  must 
be  allowed  to  seamen  and  the  benefits  of  employment  agencies 
must  be  accorded  to  the  seamen  of  all  countries  adhering  to  the 
convention  where  industrial   conditions   are  approximately  the 

*For  copies  of  the  draft  conventions  and  recommendations,  see  the 
Supplement. 

xHi 


INTRODUCTION 

same.  Furthermore  the  convention  required  that  all  available 
information  concerning  seamen's  employment  be  communicated 
to  the  International  Labor  Office.  The  date  for  the  convention 
to  take  effect  was  set  for  not  later  than  July  1,  1922. 

A  proposed  convention  establishing  an  eight-hour  day  and  a 
forty-eight-hour  week  for  maritime  workers  in  general  failed  at 
the  Conference  of  Genoa  to  obtain  the  two-thirds  vote  necessary 
for  its  adoption  although  the  majority  of  governments  voted  with 
the  workers  in  favor  of  it.  Experience  in  the  meetings  of  the 
General  Conference  at  Washington  and  Genoa  has  shown  the 
fear  that  governments  would  vote  solidly  with  employers  to  be 
unfounded.  Government  delegates  have  frequently  been  divided 
in  their  vote  and  have  tended  to  support  workers'  delegates  quite 
as  much  as  employers'  delegates  in  the  various  issues  that  have 
arisen. 

In  August,  1920,  the  International  Seafarers'  Federation  held 
a  meeting  in  Brussels  at  which,  because  of  the  failure  of  the  Con- 
ference of  Genoa  to  adopt  the  above-mentioned  convention,  it 
was  decided  to  commence  in  every  country  agitation  for  an 
eight-hour  day  and  a  forty-eight-hour  week  at  sea  with  a  forty- 
four-hour  week  in  port  and  to  ask  Mr.  Thomas,  the  director  of 
the  International  Labor  Office,  to  co-operate  in  bringing  about 
a  conference  between  shipowners  and  seamen  in  order  to  reach 
a  satisfactory  agreement  on  this  issue.  In  the  event  of  failure 
to  reach  a  settlement  the  Congress  decided  that  a  general  strike 
should  be  called.  The  action  of  the  Federation  in  referring  the 
matter  to  the  International  Labor  Office  was  another  evidence  of 
the  confidence  of  labor  in  the  International  Labor  Organization. 


xliii 


PART  I 


The  Movement  for  International  Labor  Legislation 


CHAPTER  I. 

The  Movement  Defined 

At  the  time  of  the  outbreak  of  the  World  War  in  1914,  there 
was  no  international  law  of  labor,  nor,  in  fact,  had  there  ever 
been ;  because  no  code  of  economic  principles  or  legal  enactments, 
for  the  protection  of  labor,  had  ever  been  so  generally  accepted 
as  to  attain  to  the  authority  of  international  law.  That  status 
can  be  acquired  only  when,  by  the  common  consent  of  civilized 
nations,  a  specific  body  of  protective  labor  measures  is  recog- 
nized as  of  universal  obligation.  Nevertheless  there  was  a  system 
of  international  labor  law  that  could  be  said  to  be  in  the  process 
of  making;  for  there  existed  a  body  of  labor  legislation,  the  re- 
sult of  treaties  and  other  international  agreements,  which  bade 
fair  to  fulfill  at  some  time  the  conditions  of  international  obli- 
gation. 

When,  by  international  convention,  ten  European  countries  an'd 
thirty-two  dependencies  had  agreed  to  prohibit  the  use  of  the 
poison,  white  phosphorus,  in  the  manufacture  of  matches,  and 
at  the  same  time,  twelve  Governments  and  eleven  colonies  had 
adhered  to  an  agreement  to  establish  a  uniform  night's  rest  of 
eleven  hours'  duration  for  women  in  industry,  it  was  obvious  that 
certain  protective  labor  measures  had  reached  an  advanced 
stage  of  international  enactment,  even  if  they  had  not  been 
widely  enough  accepted  or  long  enough  enforced  to  acquire  the 
prestige  of  international  law  in  the  technical  sense  of  the  term.* 
The  measures  referred  to  are  commonly  known  as  the  Bern 
Conventions  of  1906.  Their  event  was  so  satisfactory  that  pro- 
posals were  drafted  similarly  to  prohibit  the  night-work  of  young 
persons  and  limit  the  day-work  of  women.  In  1913,  the  year  in 
which  tentative  outlines  to  this  effect  were  revised  and  approved 
at  an  intergovernmental  conference  with  the  prospect  of  their  in- 
corporation into  conventions  by  an  official  Diplomatic  Assembly 
in  the  following  year,  it  did  not  seem  to  require  any  severe 

*This  was  the  situation  in  1914  before  the  War. 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

exercise  of  the  mental  powers  of  the  average  man  or  woman  to 
foresee  the  time  when  regulations  established  for  the  protection 
of  labor  should  become  of  such  common  acceptance  and  binding 
authority  as  to  accede  to  the  dignity  of  international  law.  And 
although  the  war  was  responsible  for  a  serious  break  in  this 
as  in  all  fields  of  international  co-operation,  the  w^ork  of  the 
international  labor  movement,  which  was  among  the  younger  of 
international  movements  when  the  conflict  broke  and  about  which 
less  was  commonly  known,  still  remained  such  as  to  entitle  it  to  a 
wider  recognition  than  it  had  received. 

To  say  that  there  was  no  international  law  of  labor  is  not  to 
say  that  there  had  been  no  international  law  which  had  directly 
affected  labor  or  incidentally  protected  labor.  Treaties  had  not 
infrequently  specified,  or  identified  with  international  law,  rules 
in  respect  to  the  treatment  of  aliens,  sailors,  or  agents  directly 
concerned  with  some  phase  of  international  intercourse.  Mari- 
time codes,  regulations  governing  diplomatic  agencies,  war  codes, 
all  had  rules  which  affected  labor  or  employees  in  some  capacity 
or  other. 

But  the  movement  of  which  we  speak,  and  the  laws  enacted 
in  pursuance  of  it,  were  distinguished  by  the  following  character- 
istics: 

1.  International  protection  of  labor  was  the  principal  motive 
and  aim. 

2.  Measures  enacted  were  the  result  of  organized  propaganda 
to  this  end. 

3.  The  laborers  first  considered  and  most  directly  benefited, 
were  employees  of  industry  defined  as  primarily  manufacturing, 
mining  and  quarrying;  although  treaties  on  social  insurance 
covered  workers  in  still  other  provinces,  including  particularly 
transportation. 

Efiforts  in  behalf  of  laborers  within  the  domain  of  these  spheres 
had  constituted  the  essential  activities  of  the  international  protec- 
tive labor  movement.  The  movement  was,  however,  constantly 
invading  related  realms  and  was  not  loath  to  identify  itself  with 
any  specific  international  undertaking  that  might  prove  a  factor  in 
the  realization  of  its  aims;  as,  immigration  treaties,  congresses 


THE  MOVEMENT  DEFINED 

of  the  medical  fraternity,  Christian  organizations,  social  workers, 
socialist  parties,  etc. 

Agitation  for  international  labor  reform  has  profited  much  by 
motives  other  than  that  of  protecting  labor,  and  some  there  may 
be  who  would  characterize  this  as  the  lesser  and  incorrect  one 
by  which  to  distinguish  the  movement.  They  would  maintain 
that  the  accommodation  of  a  nation  rather  than  the  laboring  por- 
tion of  a  nation,  is  the  essential  motive  lying  underneath  and 
behind  protective  enactments;  that  the  purpose  dear  to  the  heart 
of  each  country  is  the  conservation  of  its  own  industrial  resources 
necessary  to  effective  competition  in  world  markets  and  the 
maintenance  of  its  relative  position  and  industrial  prestige.  The 
reform  has  owed  much  to  this  incentive,  particularly  in  its 
origin.  Some  believe  they  have  discovered  in  labor  protection  a 
means  of  eliminating  those  grievances  which  precipitate  strikes 
and  industrial  crises  within  the  nation.  The  more  common  trend 
of  argument  is  as  follows:  A  nation  needs  industry;  industry 
needs  labor;  labor  must  be  protected  or  industry  will  fail;  inter- 
national competition,  becoming  daily  sharper,  tends  to  drive  each 
nation  to  grind  the  working  class  down  under  a  load  of  exhaust- 
ing toil  and  excessive  hours,  exploiting  men,  women,  and  chil- 
dren, as  instruments  of  cheap  and  copious  production  without 
regard  to  their  rights  as  human  beingS:  But  the  inevitable  con- 
sequence of  this  is  either  the  destruction  or  serious  impairment  of 
the  efficiency  of  the  labor  force,  by  which,  in  either  case,  the  very 
foundations  of  national  industry  itself  are  undermined.  On  the 
other  hand,  if  a  nation  places  restrictions  on  industry  to  protect 
labor,  and  other  nations  do  not  do  likewise,  the  humane  nation  is 
easily  outclassed  by  unscrupulous  competitors  and  falls  behind  in 
the  industrial  race.  Tersely  stated,  the  dilemma  resolves  itself  to 
this:  (i)  Fail  to  protect  labor  and  ultimately  ruin  industry;  (2) 
Protect  labor  and  lose  industrial  prestige.  Even  at  this,  the 
second  should  be  recognized  as  the  lesser  of  the  two  evils ;  but 
when  the  "deluge"  can  be  postponed  to  the  next  generation  and 
the  profits  reaped  by  this,  the  temptation  is  to  pin  faith  to  the 
first  horn  of  the  dilemma.  And  so  after  studying  the  difficulty, 
wiseacres  have  concluded  that  the  only  escape  compatible  with 
the  maintenance  of  industrial  prestige  in  international  markets  and 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

the  salvation  of  national  industry  is  to  be  found  in  international 
labor  agreements  whose  impartial  application  to  the  competitors 
of  every  country  will  tend  to  preserve  the  relative  industrial 
standing  of  each  in  spite  of  whatever  diminution  of  output  such 
protection  may  involve. 

It  is  a  process  of  reasoning  based  upon  facts,  and  which  reaches 
sound  conclusions  as  to  what  ought  to  be  done  in  a  majority  of 
cases;  but  it  makes  industrial  efficiency  rather  than  protection 
of  labor  the  justification  and  chief  end  of  the  protective  move- 
ment. The  results  are  substantially  the  same,  whichever  motive 
is  adopted,  until  we  come  to  an  exigency  where  it  is  conceived 
that  the  attainment  of  greater  industrial  efficiency,  even  though  it 
be  temporary,  at  the  cost  of  sacrificing  labor,  is  the  preferable 
course  to  pursue.  For  example,  a  nation  without  protective  law 
might  decide  to  continue  thus  to  take  advantage  of  nations  with 
protective  law,  and  risk  the  consequences  to  its  laboring  popu- 
lation, relying  possibly  upon  an  abnormal  ability  to  supply  its 
labor  market.  Again,  there  may  be  cases  in  which  advantage 
will  result  from  such  exploitation  during  the  period  of  an  em- 
ployer's lifetime,  and  so  from  selfish  motives,  he  may  be  led  to 
obstruct  moves  that,  in  efifecting  the  protection  of  labor,  trespass 
upon  his  own  profits.  Thus  loyalty  to  the  doctrine  of  justification 
by  efficiency  rather  than  to  justification  by  protection  may  be- 
come vicious  and  retard  the  protection  of  workers. 

Very  certain  it  is  that  loyalty  to  labor  and  to  humanity  will, 
in  the  long  run,  be  found  to  be  entirely  compatible  with  loyalty 
to  national  industry;  but  loyalty  to  national  industry  in  the 
short  run,  may  not  be  compatible  with  loyalty  to  labor  and 
humanity;  and  men  are  tempted  to  be  swayed  by  the  profits  of 
the  short  run,  especially  when  that  run  is  co-extensive  with  their 
lease  on  life.  Up  to  this  point  we  have  considered  the  employ- 
ing class  and  the  working  class  as  having  a  common  national 
interest  connected  with  their  separate  group  interests^  But  if 
we  take  an  entirely  different  view  of  the  situation  and  consider  the 
employing  class  as  an  international  group  devoid  of  national 
interests  or  at  least  placing  class  above  national  interests,  it  still 
remains  true  that  in  the  long  run  the  preservation  of  the  health 
and  happiness  of  the  workers  by  protective  law  will  be  highly 


THE  MOVEMENT  DEFINED 

advantageous  to  the  employer  as  well  as  to  the  best  interests  of 
the  worker.  Therefore,  the  motive  which  is  safe  under  all  cir- 
cumstances, and  should  predominate,  ir.  that  of  protecting  labor, 
which  is,  after  all,  the  principle  that  has  animated  the  great  lead- 
ers of  the  international  labor  movement. 

The  conditions  which  gave  rise  to  the  need  for  such  a  move- 
ment were  economic  and  constitute  a  field  of  history  which  has 
been  thoroughly  treated.  However,  we  make  no  apology  for 
selecting  from  facts  of  common  knowledge  some  of  the  most 
striking,  with  which  to  sketch  a  partial  picture  of  the  economic 
origins  of  today's  industrial  phenomena,  because  of  their  vital 
connection  with  the  subject  matter  of  our  interest. 

What  is  to  history  a  comparatively  short  time  ago,  150  to  200 
years,  there  were  in  England  no  factories,  no  great  machines,  no 
steam  engines,  no  hordes  of  men,  women  and  children  crowded 
within  four  dingy  walls  to  begin  work  at  the  sound  of  a  Avhistle, 
The  domestic  system  of  manufacture  prevailed.  The  spinning  of 
yarn  and  thread,  the  weaving  of  cloth,  the  shaping  of  earthen 
and  metal  ware,  were  all  processes  carried  on  in  the  homes  of 
the  townsmen  and  inhabitants  of  the  rural  districts.  These 
products  were  either  sold  to  the  agents  of  some  shipping  mer- 
chant, or  the  producer  went  out  to  seek  his  own  market.  The 
machinery  used  was  very  crude,  merely  a  wooden  frame  op- 
erated by  hand  or  foot  power.  The  craftsman  was  his  own 
master  with  regard  to  rules  of  production  and  the  ordering  of 
his  hours  of  labor.  Master  craftsmen,  journeymen,  and  ap- 
prentices belonged  to  the  same  social  class  and  every  worker  had 
the  promise  of  becoming  a  master  in  his  own  trade  some  day. 
Then  came  a  momentous  change.  Between  1750  and  1800,  there 
occurred  the  most  remarkable  period  of  industry-changing  de- 
vices known  to  history.  In  regular  succession,  Kay  brought 
forth  the  shuttle  drop  box  (1760);  Watt,  the  improved  steam 
engine  (1761-1769);  Hargreaves,  the  spinning  jenny  (1767); 
Arkwright,  the  roller  spinner  (1769)  ;  Crompton,  the  mule  spin- 
ner (1779);  Cartwright,  the  power  loom  (1784);  Whitney,  the 
cotton  gin  (1793)  ;  Roebuck,  new  smelting  processes;  Lavoisier, 
important  chemical  discoveries,  etc.  These  inventions  revolu- 
tionized the  whole  field  of  industry :  instead  of  the  wooden  frame 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

in  the  home,  now  the  huge  machine  of  iron ;  instead  of  supplying 
power  with  hand  or  foot,  it  now  became  necessary  to  place 
these  monsters  beside  the  waterfall,  or  adjacent  to  the  steam 
engine  where  the  lOO  and  looo  horsepower  could  be  applied; 
instead  of  the  little  family  group  plying  their  daily  tasks  about 
the  home,  father,  mother  and  children  were  obliged  to  betake 
themselves  to  the  factory  to  work  twelve,  fourteen,  or  sixteen 
hours  a  day  under  new  and  strange  conditions  too  often  working 
the  havoc  of  moral  and  physical  degeneration  upon  their  victims. 

Viewed  in  historical  perspective,  so  sudden  and  unexpected 
was  this  transition,  so  extensive  and  irresistible  the  change,  that 
thousands  of  the  laboring  masses  unable  to  adjust  themselves  to 
the  new  regime  or  to  compete  with  factory-made  goods,  found 
themselves  crushed  under  what  to  them  was  the  "Juggernaut"  of 
great  machinery  and  capital.  Although  certain  of  the  character- 
istics of  war  were  lacking,  this  transition  has  nevertheless  been 
termed  a  revolution,  an  industrial  revolution,  none  the  less  mo- 
mentous in  its  consequences  than  any  of  the  great  revolutions  of 
history  and  entailing  in  its  wake  none  the  less  of  destruction  and 
misery  than  any  of  the  wars  of  the  early  Britons. 

Under  the  domestic  system  it  had  been  customary  for  the 
family  to  own  a  small  plot  of  ground  or  to  use  the  common 
pastures  and  open  fields,  from  which  were  obtained  directly  the 
partial  means  of  its  subsistence.  But  contemporaneous  with  the 
industrial  revolution,  there  occurred  a  widespread  agricultural 
enclosing  movement.  The  homesteads  and  publicly  used  lands 
were  consolidated  by  the  gentry  and  landowning  classes  into 
large  estates  and  farms  worked  on  a  capitalistic  basis.  Wretched 
as  had  been  the  condition  of  the  handicraftsman  in  the  domestic 
stage,  it  held  no  comparison  to  the  misery  of  the  new  order.  De- 
prived of  the  ownership  and  free  use  of  land,  face  to  face  with 
the  relentless  competition  of  a  new  Industrial  era,  they  of  the 
domestic  system  came  to  realize  that  they  could  not  hold  their 
own  against  the  factory  regime ;  neither  could  the  laborer  any 
longer  look  forward  to  the  time  when  he  could  be  a  master  in 
his  craft;  It  was  now  necessary  to  have  capital  to  purchase  ma- 
chinery and  other  appurtenances  with  which  to  set  up  indepen- 
dently in  business.    That  capital  the  laborer  In  general  could  not 


THE  MOVEMENT  DEFINED 

hope  to  corrmiand.  An  impassable  giilf  seemed  to  be  yawning 
between  the  employer  and  the  employed.  The  masses  faced  the 
classes  in  sullen  envy  and  distrust. 

Co-eval  with  the  advent  of  the  new  order  of  things  went  the 
influence  exerted  by  the  epoch-making  work  of  Adam  Smith,  The 
Wealth  of  Nations  (1776).  The  physiocrats'  doctrine  of  laissez 
faire  was  exalted,  while  the  theories  of  the  mercantilists  waned. 
Unprotected  by  legal  enactments  and  at  the  mercy  of  employers 
who  were  themselves  victims  of  unrestrained  competition,  under 
unjust  treatment  and  unjust  laws,  under  the  intense  selfishness 
exhibited  by  the  controlling  classes,  in  the  shops  and  in  the  fac- 
tories, employees  gradually  became  educated  to  the  doctrines  of 
collective  resistance  and  collective  bargaining.  Class  conscious- 
ness took  definite  shape.  Trade  unionism  was  evolved.  Out- 
lawed by  governments  and  oppressed  by  courts,  organizations, 
spasmodic,  secret,  timid,  nevertheless  continued  to  increase. 
Nourished  by  oppression,  unionism  was  but  an  infant  learning  to 
exercise  its  arms  and  limbs,  but  it  was  an  infant  of  a  giant  race. 
Society  and  government  found  themselves  face  to  face  with 
phenomena  with  which  they  did  not  know  how  to  deal.  Between 
1800  and  the  present  time,  there  has  been  written  in  the  legisla- 
tive records  of  the  great  industrial  nations  the  histoiy  of  the 
struggle  to  render  the  large-scale  system  of  production  com- 
patible with  the  welfare  of  the  wage-earner.  Laws  covering  child 
labor,  factory  inspection,  social  insurance,  the  work  of  women, 
the  limitation  of  the  workday,  occupational  diseases,  et  cetera, 
have  rapidly  multiplied. 

Different  countries  reflect  all  the  different  stages  of  develop- 
ment of  labor  regulation,  but  national  and  local  labor  legislation  of 
some  kind  has  become  a  common  factor  in  the  economic  life  of 
every  civilized  community.  More  or  less  distinct  types  of  labor 
laws  have  had  initial  development  among  different  national 
groups.  In  Great  Britain,  France,  and  the  United  States,  pro- 
tective labor  law  tended  at  first  to  favor  women  and  children; 
skilled  craftsmen  have  bettered  their  conditions  of  employ- 
ment by  collective  bargaining  and  by  the  exercise  of  pressure  on 
legislative  bodies.  Another  group  of  countries  was  primarily 
concerned  with  the  general  insurance  of  labor  against  the  risks 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

of  industrial  life;  i.  e.,  accidents,  sickness,  disease,  etc.  This 
class  of  States  is  represented  by  Germany,  Austria,  Hungary,  and 
the  Scandinavian  powers.  Another  group  has  had  markedly 
socialistic  tendencies  in  the  administration  of  labor  regulations, 
as  is  the  case  with  Australia  and  New  Zealand.  These  legislations 
widely  divergent  in  their  inception  have  continued  to  converge 
more  and  more  in  their  adoption  of  certain  fundamental  princi- 
ples. And  now  the  time  has  come  when  economists  are  fully 
aware  that  in  a  world  of  international  markets  and  international 
industrial  competition,  there  are  conditions  of  production  that 
can  be  most  effectively  controlled  in  the  interest  of  labor,  as  well 
as  of  others  concerned,  by  international  agreements. 


lO 


CHAPTER  II 

Genesis  of  the  Movement 

Origin  of  the  International  Labor  Movement^ 

In  i8i8,  when  the  statesmen  of  Europe  assembled  at 
Aix-la-Chapelle  to  attempt  one  of  the  periodic  adjustments 
of  the  affairs  of  that  continent,  a  pioneer  in  industrial  reform 
addressed  to  the  Congress  a  petition,  unique  in  its  declaration 
that  a  prime  task  for  the  governments  of  Europe  was  the 
international  fixation  of  the  legal  limits  of  the  normal  workday  for 
the  industrial  classes  of  Europe.  The  person  through  whom  a 
proposition  of  this  order  thus  found  initial  expression  before  an 
international  assembly,  was  the  noted  philanthropist  and  social 
worker,  Robert  Owen ;  ^  but  although  standing  as  he  did,  the 
prophet  of  a  new  order  of  diplomacy,  the  statesmen  of  that  day 
spared  but  scant  attention  to  his  proposals  and  gave  to  them  no 
practical  result.  After  a  lapse  of  several  decades,  Mr.  Owen 
drew  up  a  declaration  entitled:  "A  LETTER  ADDRESSED  TO 
THE  POTENTATES  OF  THE  EARTH  IN  WHOM  THE 
HAPPINESS  AND  MISERY  OF  THE  HUMAN  RACE  ARE 
NOW  INVESTED;  BUT  ESPECIALLY  TO  AUSTRIA, 
FRANCE,  GREAT  BRITAIN,  PRUSSIA,  RUSSIA,  SCAN- 
DINAVIA, TURKEY,  AND  THE  UNITED  STATES  OF 
NORTH  AMERICA;  BECAUSE  THEIR  POWERS  ARE 
NOW  AT  PEACE  WITH  EACH  OTHER,  AND  COULD 
WITHOUT  WAR,  EASILY  INDUCE  ALL  THE  OTHER 
GOVERNMENTS  AND  PEOPLE  TO  UNITE  WITH  THEM 
IN  PRACTICAL  MEASURES  FOR  THE  GENERAL  GOOD 
OF  ALL  THROUGH  FUTURITY,"  in  which  among  other 
things  he  said :  ".  .  .  if  you  will  now  agree  among  yourselves  to 

1  Cf.  L.  Chatelain,  La  Protection  Internationale  ouvriere.  Chapters  II 
and  III.     E.  Mahaim,  LeDroit  international  ouvrier,  p.  183  et  suiv. 

*  Supplementary  Appendix  to  Vol.  I.  of  the  Life  of  Robert  Owen. 
pp.  x-xii,  209-222. 

II 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

call  a  congress  of  the  leading  governments  of  the  world,  invitnig 
those  of  China,  Japan,  Burma,  etc.,  and  to  meet  in  London  in 
May  next,  I  will,  should  I  live  in  my  present  health  to  that  pe- 
riod, unfold  to  you  at  that  congress  the  natural  means  by  which 
you  may  now,  with  ease  and  pleasure,  gradually  create  those  sur- 
roundings in  peace  and  harmony,  which  shall  have  a  perpetual 
good  and  superior  influence  upon  all  of  our  race-"  This  proposal 
was  not  adopted. 

Apart  from  Mr,  Owen's  own  efforts,  the  idea  of  international 
co-operation  for  the  control  of  industrial  conditions  was  not 
seconded  in  any  signal  manner  ^  until  a  Frenchman,  Daniel  Le- 
grand  by  name,  a  manufacturer  of  Steinthal,  Alsace,  also  under- 
took the  task  of  impressing  upon  men  of  affairs  the  urgent  need 
of  such  co-operation  for  industrial  welfare.  Imbued  with  the 
idea  that  in  European  industry  there  were  conditions  which  were 
not  susceptible  of  proper  regulation  by  the  individual  action  of 
nations,  but  which  would  readily  lend  themselves  to  such  regula- 
tion under  an  accord  of  the  powers,  Mr.  Legrand  addressed  va- 
rious memorials  to  this  effect  (1840-1847)  to  the  governments  of 
Europe,  memorials  which  suffered  much  the  same  fate  as  those 
of  Mr.  Owen,  but  which  received  from  their  author  a  vigorous 
sequel  in  the  form  of  a  letter  sent  not  only  to  French  authorities, 
but  also  to  the  Cabinets  of  Berlin,  St.  Petersburg  and  Turin.  This 
letter  was  published  four  times  in  the  years  1853,  1855,  1856,  and 
1857,  respectively.  It  boldly  stated  the  position  that  the  solution 
of  the  problem  of  according  to  the  laboring  classes  the  moral  and 
material  benefits  that  are  desirable,  must  be  found  in  international 
labor  law,  without  which  industry  suffers  and  the  international 
competition  of  manufacturers  escapes  needed  limitations;  and 
that  moreover  things  principally  to  be  striven  for  comprise:  ele- 

s  A.d.=Archivei  diplomatiques,  1890  (2  Serie),  t.  XXXVI,  p.  36-40. 

The  idea  of  international  co-operation  for  the  abatement  of  certain 
factory  evils  was  expressed  by  the .  Frenchman,  Villerme,  who  undertook, 
under  the  auspices  of  the  Academy  of  Social  and  Political  Science,  an 
inquiry  into  the  conditions  of  the  laboring  classes  in  the  textile  indus- 
try, and  made  his  report  in  1839.  He  said,  however,  that  such  "disin- 
terestedness" was  not  to  be  counted  upon,  as  it  was  without  precedent. 

Blanqui  in  his  Cowl's  d'economie  industrielle  (1838-1839)  suggested 
international  treaties  to  regulate  conditions  of  competition.  (See  Ma- 
haim,  E-Le  Droit  international  ouvrier,  p.  188-189.) 

12 


GENESIS    OF    THE    MOVEMENT 

tnentary  schools ;  ins',  ruction  of  young  workers  up  to  the  time  of 
their  confirmation;  Sunday  schools  for  all  ages;  protection  of 
the  moral  and  material  interests  of  the  labor  class  by  interna- 
tional legislation ;  the  Gospel  received  into  the  heart  and  home  of 
the  laborer  and  his  employer;  Sunday  rest;  encouragement  of  the 
life  and  industry  of  the  family  by  the  State  and  by  manufactur- 
ers ;  the  extension  of  the  benefits  of  savings  banks  to  every  local- 
ity; and  old-age  pension  funds;  concurrent  with  the  attainment 
of  all  which,  it  is  essential  that  there  be  the  firm  suppression  by 
an  international  law  on  industrial  labor,  of  the  evils, suffered  by 
the  laboring  people  including  lack  of  instruction  and  education, 
child  labor  in  factories,  excessive  labor,  night-work,  Sunday 
work,  and  the  absence  of  proper  age  limits. 

This  array  of  wrongs,  according  to  Mr.  Legrand,  could  be 
remedied  in  part  at  least  by  the  international  adoption  of  pro- 
visions such  as  the  following:  the  total  prohibition  of  the  work 
of  male  children  under  ten  years  of  age  and  of  females  under 
twelve;  the  limitation  of  their  work  to  six  hours  in  twenty-four 
until  thirteen  years  of  age;  the  extension  of  the  length  of  the 
workday  to  ten  hours  upon  their  attainment  of  the  age  of  four- 
teen, with  provision  for  a  nooning  of  at  least  one  hour;  the 
proper  certification  of  the  age,  school,  and  employment  records  of 
young  employees;  limitation  of  the  work  of  adults  to  twelve 
hours  in  twenty-four,  none  of  which  labor  should  be  required 
prior  to  5 :30  a.  m.  or  subsequent  to  8 :30  p.  m. ;  the  interdiction 
of  Sunday,  or  night-work  for  young  people  under  eighteen  years 
of  age  and  for  the  feminine  sex  altogether;  proper  regulation  of 
unhealthy  and  dangerous  trades,  etc.  Most  of  the  reforms  advo- 
cated by  Mr.  Legrand  have  since  become  the  object  of  interna- 
tional investigation  and  some  of  them;  e.g.,  the  night-work  of 
women  and  old-age  pensions,  of  international  enactment. 

To  find  the  next  noteworthy  expression  of  this  idea  of  protect- 
ing labor  by  measures  international  in  scope,  we  must  turn  to  a 
Swiss  report  addressed  in  1855  to  the  Cantonal  Council  of  Zurich 
by  a  Commission  of  the  Canton  of  Glarus.*  An  international 
concordat  to  regulate  the  length  of  the  workday,  child  labor,  etc., 
was  suggested  by  this  report,  which  also  remarked  the  fact  that 

*  Ibid.  t.  XXXVI.  p.  40-41. 

13 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

competition  between  spinners  could  not  be  satisfactorily  con- 
trolled without  the  creation,  by  international  understandings,  of 
greater  uniformity  in  conditions  of  production;  but  since  such 
an  idea  in  that  day  and  age  of  the  world  belonged  to  the  category 
of  "vain  desires,"  it  remained  the  duty  of  the  moment  to  strive 
for  greater  uniformity  in  a  sphere  more  limited.  A  movement 
for  intercantonal  labor  legislation  which  originated  in  Glarus  in 
1852  may  account  for  the  interest  shown  by  this  Canton  in 
the  subject  of  international  control.^ 

Soon  thereafter  (1856),  in  Belgium,  Mr.  Hahn  introduced  the 
subject  of  international  labor  regulation  before  an  international 
Congress  of  benevolent  societies  convened  in  Brussels,  with  the 
result  that  the  idea  was  discussed  and  officially  endorsed  by  the 
Congress. 

In  the  following  year  ( 1857)  Germany  witnessed  the  approba- 
tion of  the  idea  by  a  Congress  at  Frankfort.  The  question  suc- 
ceeded to  further  publicity  in  that  country  in  1858  as  a  result  of 
the  publication  of  Blvmtschli's  Dictionary  of  Political  Science, 
which  dealt  with  the  matter  of  international  agreement  on 
labor  regulation.  In  the  same  year,  Bluntschli  and  Braber,  both 
advocates  of  doctrines  of  the  socialist  professors,  broached  the 
question  of  Sunday  rest  and  came  to  the  conclusion  that  practical 
results  could  be  obtained  only  by  an  international  agreement  on 
the  subject.  Other  German  professors  to  add  thought  to  the 
movement  were  Adolph  Wagner  and  Brentano,  the  former  pro- 
posing in  his  work,  Rede  uber  die  Sociale  Frage,  the  protection 
of  labor's  class  interests  by  international  agreements  in  such 
manner  as  would  not  be  injurious  to  national  industry,  while  the 
latter  outlined,  in  his  Handbuch  dcr  Politick  Oekonomie,  the 
program  of  the  Christian  Socialist  Labor  Party,  championing  the 
prohibition  of  Sunday  labor,  the  suppression  of  the  factory  work 
of  minors  and  married  women,  the  placing  of  certain  limitations 
upon  the  work  to  be  required  of  a  laborer  in  a  day,  protection  for 
national  labor,  and  propaganda  for  the  internationalization  of 
protective  labor  laws. 

In  1866,  the  International  Workingmen's  Association,  known 
as  the  International,  founded  two  years  previous  in  London  at  a 

6  Ihid.  t.  XXXVI.  p.  47. 

14 


GENESIS    OF    THE    MOVEMENT 

meeting  of  trade-unionists  representing  different  countries,  met 
at  Geneva  and  formulated  a  series  of  resolutions  to  be  there- 
after included  among  the  demands  of  labor.  These  resolutions 
embraced  a  maximum  workday  of  two  hours  for  children  between 
nine  and  thirteen  years  of  age,  of  four  hours  for  those  between 
thirteen  and  fifteen,  and  of  six  hours  for  those  between  sixteen 
and  seventeen ;  the  prohibition  of  the  night-work  of  women  and 
of  all  labor  injurious  to  their  health;  a  maximum  workday  of 
eight  hours  for  all  laborers  and  the  prohibition  of  night-work,  ex- 
clusive of  necessary  exceptions  for  certain  industries.  The  Asso- 
ciation also  proceeded  by  manifesto  to  proclaim  its  conviction  of 
the  need  for  international  labor  regulation ;  this  it  continued  to  do 
in  subsequent  meetings,  in  which,  as  also  in  the  Baltimore  Con- 
vention (1866)  of  the  National  Labor  Union  of  America,  the 
idea  of  international  co-operation  was  approved  in  a  manner  very 
encouraging  to  proponents  of  the  principle.  These  early  pro- 
posals for  banning  the  night-work  of  women  in  connection  with 
the  recommendation  of  international  co-operation  are  significant 
in  the  light  of  the  international  Convention  on  the  subject  signed 
forty  years  later.  Karl  Marx  delivered  the  "inaugural  address" 
before  the  Congress  of  Geneva  and  this  phase  of  the  international 
labor  movement  developed  into  socialism.^  The  securing  of  the 
adoption  of  international  labor  legislation  by  the  existing  govern- 
ments became  merely  an  incidental  aim  of  socialism's  political 
program. 

6  In  the  Bulletin  of  the  United  States  Bureau  of  Labor  Statistics,  No. 
268  {Miscellaneous  Series),  Mr.  Leifur  Magnusson  says:  "The  politi- 
cal phase  of  the  international  labor  movement,  as  stated  previously, 
developed  into  what  is  known  as  socialism.  Beginning  with  the 
efforts  of  English  and  French  workers  to  improve  their  working 
conditions,  it  gradually  passed  into  a  movement  to  change  the  prin- 
ciples underlying  the  present  organization  of  society.  This  is  still 
the  theory  of  those  members  of  the  labor  movement  who  have 
guided  and  participated  in  the  international  congresses.  .  .  .  The  dis- 
cussions and  resolutions  of  the  congresses,  for  instance  that  of 
Copenhagen,  1910,  now  deal  almost  wholly  with  the  problems  of 
reform  through  labor  legislation  and  trade-union  action.  The  larger 
political  questions  of  the  ballot,  disarmament,  and  universal  peace 
are  less  prominent  than  the  economic  questions  of  trade-union  organ- 
ization, co-operation,  and  wealth  distribution."  p.  64.  See  also  pp. 
34-64.  For  a  discussion  of  the  international  trade-union  movement, 
see  pp.  65-82. 

15 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

Other  congresses  called  by  the  Socialist  International  are  as 
follows:  The  Congress  of  Lausanne  (1867)  at  which  some 
concessions  were  made  to  the  coUectivists  or  state  socialists ;  the 
Congress  of  Brussels  (1868),  where  distinctly  sociaUstic  princi- 
ples were  adopted;  the  Congress  of  Basel  (1869),  in  which  Baku- 
nin  and  other  anarchists  joined  and  to  which  the  American 
National  Labor  Union'  sent  Mr.  A.  C.  Cameron  as  the  first  Amer^ 
ican  delegate  to  an  international  labor  conference ;  the  Congress 
of  Tlie  Hague  (1872),  on  which  occasion  the  anarchists  were  ex- 
cluded from  the  International  and  its  General  Council  was  re- 
moved to  New  York;  the  Congress  of  Geneva  (1873),  where 
socialists  and  anarchists  held  opposition  meetings  showing  the 
strife  that  was  causing  the  disruption  of  the  First  International ; 
the  Congress  of  Brussels  (1874)  ;  the  Congress  of  Bern  (1876)  ; 
the  Congresses  of  Verviers  and  Ghent  (1877)  ;  and  the  Congress 
of  Chur  (1881),  which  was  the  last  of  the  ten  congresses  having 
any  distinct  relation  to  the  original  International.  A  group  of 
socialists  held  a  conference  at  London  in  1871,  and  some  anar- 
chists met  at  St,  Imier  in  1872.  After  the  dissolution  of  the  old 
International,  congresses  representing  both  socialists  and  trade- 
unionists  were  held  at  Paris  in  1883  and  1886,  and  at  London  in 
1888.  A  second  Socialist  International  was  organized  at  Paris 
in  1889.  It  has  held  congresses  at  Brussels  (1891)  ;  at  Zurich 
(1893);  at  London  (1896);  at  Paris  (1900);  at  Amsterdam 
(1904);  at  Stuttgart  (1907);  at  Copenhagen  (1910)  ;  and  at 
Basel  (1912).  Its  meetings  were  resumed  in  February,  1919. 
American  participation  in  the  career  of  the  First  International  had 
no  important  results.  It  caused  a  certain  degree  of  co-operation 
among  European  labor  interests  to  check  the  activities  of  the 
American  Emigrant  Company  which  was  engaged  in  importing 
into  the  United  States  contract  laborers  to  be  used  to  meet  em- 
ployers' needs  arising  from  strikes.  As  is  well  known,  under  the 
pressure  of  labor  organizations,  the  Government  finally  pro- 
hibited the  immigration  of  this  class  of  workmen. 

Various  international  trade-unions  have  also  held  international 
congresses,  not   so  much,  however,   to   further  the   enactment 

^  Documentary  History  of  American  Industrial  Society  by  Commons 
and  Andrews,  Vol.  IX,  pp.  43-46,  338. 

16 


GENESIS    or    THE    MOVEMENT 

of  international  laws  in  general  protection  of  labor  as  to  put  for- 
ward measures  pertaining  directly  to  occupational  interests  or 
to  political  party  propaganda.  For  example,  since  1890,  the 
miners  have  held  regular  international  congresses,  a  number  of 
which  have  been  under  the  domination  of  radical  socialists.  It 
is  our  purpose  to  discuss  those  assemblies  and  efforts  that  aim 
principally  at  international  legislation  as  a  means  of  properly 
safeguarding  the  interests  of  the  laboring  class,  noting  at  the 
same  time  other  meetings  and  events  by  which  the  idea  of  inter- 
national protection  has  been  advanced. 

In  the  year  after  the  meeting  at  Lausanne,  a  French  economist, 
Louis  Wolowski,  recognizing  in  foreign  competition  a  condition 
compelling  the  industrial  exploitation  of  children,  young  peo- 
ple, and  women,  intimated  that  unanimity  of  action  to  remedy  the 
unfortunate  situation,  after  the  example  of  the  measures  inter- 
nationally adopted  for  the  suppression  of  the  slave  trade,  con- 
stituted a  consummation  devoutly  to  be  desired.  So  many  treaties 
appeared  to  him  to  have  been  concluded  with  the  aim  of  killing 
men  that  he  wished  to  be  able  to  witness  the  adoption  of  similar 
means  to  enable  mankind  to  live,  although  in  his  estimation  the 
international  competition  of  industry  had  not  as  yet  reached  the 
dreadful  pass  of  sacrificing  human  life.  In  1873  he  submitted  his 
idea  of  international  regulation  to  the  French  National  Assembly, 
and  in  the  following  year  Mr.  J.  B.  Dumas  likewise  submitted  a 
petition  to  the  same  Assembly,  embodying  a  similar  appeal. 

By  the  end  of  the  period  (1871-1874)  Bismarck  and  the 
Austrian  Government  had  failed  to  reach  an  agreement  by  nego- 
tiation with  reference  to  certain  standards  of  labor  legislation.^ 
Although  an  incident  of  this  character  might  seem  to  a  novice, 
like  the  first  moves  of  pawns  in  a  game  of  chess,  of  little  serious 
import,  it  was  nevertheless  a  portent  of  greater  things  to  come. 

The  same  truth  was  illustrated  by  events  in  Switzerland. 
Twenty-one  years  after  the  seemingly  fruitless  manifesto  from 
the  Swiss  Canton  of  Glarus,  previously  alluded  to,  Colonel  Frey 
of  the  Canton  of  Bale-Campagne,  a  Swiss  Statesman,  known  in 
America  as  a  volunteer  in  the  Civil  War,  afterwards  as  Swiss 
Minister  in  Washington,  and  finally  as  President  of  the  Swiss 

8  G.B.=.Bulletin  des  Internationalen  Arbeitsamtes,  Bd.  Ill,  S.  IX. 

17 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

Republic,^  delivered  in  1876,  before  the  legislative  Chambers,  an 
address  „  in  which  he  raised  the  question  as  to  whether  it  was  ad- 
visable for  Switzerland  to  pursue  the  subject  of  the  conclusion 
of  treaties  uniformly  regulating  conditions  of  labor  among  the 
several  industrial  States,  presupposing  of  necessity  sufficient  elas- 
ticity in  such  regulation  to  allow  for  dissimilar  conditions  of  pro- 
duction among  the  different  countries.  He  assumed  in  common 
with  most  of  the  early  protagonists  of  .the  movement  that  sup- 
pression of  industrial  competition  by  international  regulation  con- 
stituted the  best  method  of  alleviating  the  hard  lot  of  labor.  Sub- 
sequent events  proved  that  this  agitation  of  the  question  was 
destined  to  produce  fruitful  results. 

The  subject  wast  next  adverted  to  by  French  socialists  in  con- 
gress assembled  at  Lyons,  France,  where  a  resolution  espousing 
the  cause  of  international  labor  legislation  was  adopted  in  1877; 
this  was  followed  in  1878  by  a  pronouncement  in  Germany  on 
the  part  of  Baron  von  Lohman  favorable  to  international  regula- 
tion protective  of  their  industry  and  nationals ;  in  1879  the  Asso- 
ciation of  Christian  Manufacturers  of  the  district  of  which  the 
capital  is  Lille,  declared  to  the  effect  that  governments  could  and 
ought  to  regulate  the  relations  of  labor,  and  that  by  means  of  in- 
ternational negotiations;  the  same  body,  met  in  Paris,  renewed 
the  resolution  two  years  later.  In  1880  delegates  of  the  Social 
Democratic  Association  in  Switzerland  announced  themselves  in 
favor  of  international  intervention  for  the  protection  of  labor. 
Not  far  from  this  time,  there  appeared  two  diametrically  opposite 
views  on  the  subject  emanating  from  representative  German 
authorities,  Gustave  Cohn,  Professor  at  the  University  of  Got- 
tingen,  and  Lorenz  von  Stein,  another  advocate  of  the  doctrines 
of  the  socialist  professors,  not  all  of  whom,  however,  favored 
international  control  of  labor.  Lorenz  von  Stein  defended  the 
idea  while  Gustave  Cohn  proceeded  to  postulate  the  downright 
inapplicability  of  any  such  regulation  by  reason  of  the  defects 
evident  in  existing  labor  law,  the  great  diversity  in  industrial  and 
economic  conditions,  and  finally,  the  hostility  of  wageworkers 
themselves  to  a  regime  decreeing  restrictions  upon  their  faculty  to 

»  Geo.  Gifford,  U.S.  Consular  Reports,  July  1901. 

le  A.  d.  1890.  t.  XXXVI.  p.  41. 

18 


GENESIS    Of    THE    MOVEMENT 

work  and  prohibiting  their  women  and  children  from  betaking 
themselves  to  the  mills  whenever  they  please. 

In  December  of  the  year  1880,  a  motion  was  made  by  Colonel 
Frey  before  the  Swiss  National  Council  that  the  Federal  Council 
be  invited  to  enter  into  negotiations  with  the  principal  industrial 
States  for  the  purpose  of  bringing  about  international  factory  leg- 
islation. The  next  year  (1881)  this  proposaP^  received  serious 
consideration  by  the  National  Council  without  arousing  any  oppo- 
sition ;  it  was  acquiesced  in  hesitatingly,  however ;  and  it  was  de- 
manded that  the  Federal  Council  be  left  free  to  choose  the  oppor- 
tune moment  for  taking  action  in  the  matter.  The  opinion  was 
expressed  that  satisfactory  negotiations  could  take  place  only 
with  such  states  as  possessed  factory  legislation  similar  to  that  of 
Switzerland,  e.g.,  England  and  France,  whereas  with  a  country 
such  as  Austria,  which  possessed  little  or  no  similar  legislation 
but  whose  industrial  relation  to  Switzerland  was  of  great  impor- 
tance, such  negotiations  must  of  necessity  meet  with  grave  diffi- 
culty and  delay.  The  motion,  so  worded  as  to  leave  the  time  for 
action  wholly  to  the  discretion  of  the  Federal  Council,  was 
adopted.  In  deference  to  this  invitation,  the  Federal  Council 
soon  afterwards  addressed  to  the  Swiss  Legations  at  Paris,  Ber- 
lin, Vienna,  Rome,  and  the  Swiss  Consulates  General  at  London 
and  Brussels  a  note  calling  upon  them  to  procure  from  reliable 
sources  such  confidential  information  as  would  make  it  possible 
to  know  what  States  of  Europe  could  be  depended  upon  to  co- 
operate in  the  matter  of  international  regulation  of  labor  in  fac- 
tories, and  also  to  obtain  the  information  necessary  in  order  to 
determine  the  official  proceedings  best  adapted  to  this  end. 

To  the  interrogations  consequently  submitted  to  the  various 
powers,  Belgium  alone  deigned  no  response.  Her  evaluation  of 
the  project  must  be  measured  by  her  silence. 

The  reply  from  France  indicated  that  in  general  the  Govern- 
ment deemed  it  outside  the  province  of  the  State  to  interfere  with 
contracts  between  employers  and  employees  or  to  curtail  the  lib- 
erty of  labor,  and  that  since  such  intervention  was  considered 
unwarranted  nationally,  the  Government  was  inclined  a  fortiori 

^Ibid.,  t.  XXXVI.  p.  41.  et  suiv.  (This  citation  deals  with  both  the 
proposal  and  the  replies.) 

19 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

to  adopt  an  attitude  unfavorable  to  the  international  treatment  of 
llie  matter. 

The  Imperial  Government  at  Berlin  w^as  likewise  unprepared 
to  co-operate,  as  it  did  not  take  kindly  to  the  regulation  of  the 
matter  by  the  dicta  of  treaties. 

The  Italian  Minister  for  Foreign  Affairs  was  curious  to  know 
which  aspects  of  such  a  complex  question  were  to  be  subjected 
to  the  procedure  proposed :  whether  the  work  of  women  and  chil- 
dren, sanitary  conditions  in  workshops,  strikes,  large  or  small- 
scale  industry,  or  all  these  phases  of  the  problem  combined. 

The  Austro-Hungarian  Government  exhibited  great  reserve 
with  reference  to  the  matter.  It  stipulated  that  its  participation 
would  be  made  conditional  upon  the  preliminary  receipt  and  ex- 
amination of  a  copy  of  the  measures  proposed,  upon  assent  to  the 
same,  and  upon  the  certainty  of  the  participation  of  the  other 
important  industrial  States ;  and  furthermore  upon  condition  that 
it  might  authorize  its  representatives  merely  to  make  note  ad 
referendum  of  the  points  recommended  by  the  delegates,  reserv- 
ing to  the  Imperial  Royal  Government  the  ultimate  decision. 

The  English  Secretary  of  State  for  the  Home  Department  was 
opposed,  deeming  it  impracticable  to  conclude  an  international 
convention  on  the  subject  of  factory  regulation. 

Such  was  the  first  official  attempt  on  the  part  of  a  Govern- 
ment, and  such  the  failure,  to  attain  some  practical  result  inter- 
national in  scope  for  the  protection  of  labor.  Discouraged  for  a 
time,  Switzerland  later  returned  to  grapple  with  this  self-imposed 
task  and  with  more  fortunate  results.  It  is  fitting  to  remark 
right  here  that  to  Switzerland  more  than  to  any  other  State  be* 
longs  the  credit  and  honor  of  being  the  pioneer  in  blazing  a  trail 
for  the  international  regulation  and  protection  of  labor. 

In  1882  a  Congress  meeting  by  order  of  "Verein  fiir  Sozial- 
politck"  and  carrying  on  its  program  the  subject  of  interna- 
tional factory  regulation,  was  held  at  Frankfurt-on-Main.  The 
men  delegated  to  draw  up  a  report  on  the  question  were  Gustav 
Cohn,  with  the  tenor  of  whose  views  we  are  already  familiar,  and 
Dr.  Franck,  manufacturer  of  Charlottenburg,  who,  on  the  other 
hand,  preferred,  like  Lorenz  von  Stein  to  add  the  weight  of  his 
opinion  in  favor  of  the  movement,  althougli  he  did  not  believe  in 

20 


GENESIS    OF    THE    MOVEMENT 

unduly  limiting  the  work  of  women  and  children  who  ought  to  be 
permitted  to  add  their  mite  to  forestall  suffering  in  the  rainy  day 
of  industrial  crisis.  In  the  same  year,  the  German  Catholic  Party 
evinced  interventional  tendencies,  recognizing  in  the  insufficiency 
of  state  intervention  in  industrial  relations  an  argument  for  joint 
effort  on  the  part  of  governments,  and  it  recommended  an  inter- 
national conference  on  the  problem. 

Not  long  thereafter  (1883),  an  assembly  composed  of  French, 
English,  Spanish  and  Italian  representatives  of  labor  met  in  Paris 
and  entertained  a  motion,  introduced  by  delegates  from  English 
trade  unions,  recommending  international  legislation.  It  was 
averred  that  in  certain  countries  the  organization  of  labor  was 
rendered  impossible  by  unjust  enactments,  and  hence  it  became 
the  duty  of  all  to  uphold  the  cause,  strive  for  the  ameliorations  de- 
sired, and  oppose  laws  obstructing  national  or  international 
legislation  for  the  protection  of  those  too  feeble  to  defend  them- 
selves against  the  abuses  of  the  competitive  system.  In  Switzer- 
land also,  there  occurred  during  the  course  of  the  year  a  meet- 
ing of  labor  associations  which  urged  the  Helvetian  Government 
to  continue  its  efforts  for  international  law  regulatory  of  factory 
conditions,  and  created  a  commission  charged  with  the  prosecu- 
tion of  the  movement  among  the  working  populations  of  France 
and  Germany, 

On  the  25th  of  January,  1884,  the  idea  of  international  concord 
in  the  administration  of  labor  law  obtained  its  first  expression 
before  the  French  Parliament  through  the  person  of  Count  Al- 
bert de  Mun  whose  address  was  followed  by  an  order  of  the  day 
inviting  the  Government  to  make  provision  for  international  legis- 
lation unharmful  to  national  industry  and  yet  preserving  for  each 
State  the  means  of  protecting  women  and  children  against  indus- 
trial evils.  At  Roubaix,  in  the  same  year,  an  International  Labor 
Congress  drafted  resolutions  relating,  among  other  things,  to  in- 
ternational legislation  for  the  prohibition  of  work  of  children  un- 
der fourteen  years  of  age,  and  of  night-work;  also,  for  the  safe- 
guarding of  the  health  of  workmen;  and  for  an  international 
minimum  wage  and  a  workday  of  eight  hours. 

Discussion  of  the  question  was  continued  in  1885  by  Mr.  Vail- 
lant  before  the  Municipal  Council  of  Paris.    He  contended  that 

21 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

the  means  of  combatting  an  international  evil  ought  to  be  inter- 
national; that  the  utility  of  general  laws,  already  recognized  to 
some  degree  by  treaties  of  commerce,  should  be  recognized  in 
labor  regulation;  that  each  country  can  supplement  international 
regulation  by  particular  laws  adapted  to  the  various  phases  of 
moral,  material,  and  industrial  development  peculiar  to  itself; 
that  the  essential  elements  of  international  law,  demanded  by  rep- 
resentatives of  the  proletariat  of  all  nations,  have  for  a  long  time 
been  recognized;  and  that  as  no  country  can  object  to  interna- 
tional legislation  involving  no  injury  to  its  relative  economic 
power,  so  no  employers'  selfishness  can  set  itself  in  opposition, 
since  in  this  question  the  interests  of  the  laboring  class  and  of  the 
capitalistic  class  coincide,  reaping  mutual  advantage  from  the 
decrease  of  industrial  crises  and  the  enhanced  stability  of  com- 
merce. In  consequence  there  was  formulated  in  the  name  of  the 
Municipal  Council  of  Paris  a  voeu  praying  that  negotiations  be 
instituted  by  the  French  Government  as  promptly  as  possible  with 
a  view  to  establish  international  labor  regulation.  In  recognizing 
that  under  an  international  agreement  conditions  best  regulated 
locally  may  remain  undisturbed,  Vaillant  makes  a  point  for  the 
failure  to  appreciate  which,  many  opponents  of  the  movement, 
e.g.,  Mr.  Leroy-Beaulieu,^^  have  seriously  erred  in  their  reason- 
ing. It  is  of  course  primarily  those  phases  of  industry  involved 
in  international  competition  that  are  to  be  subjected  to  interna- 
tional controL 

In  December,  1885,  French  deputies  submitted  to  the 
committee  of  the  Chamber  of  Deputies  a  bill  indicating  by  its 
terms  willingness  on  the  part  of  the  French  Government  to  com- 
ply with  the  overtures  of  the  Swiss  Government  concerning  in- 
ternational labor  legislation,  and  readiness  to  assume  the  initia- 
tive, in  concert  with  Switzerland,  in  endeavoring  to  bring  about 
international  law  that  would  have  for  its  aim  the  abolition  of  child 
labor  under  the  age  of  fourteen,  the  limitation  of  the  work  of 
women  and  minors,  measures  of  hygiene  and  safety,  accident 
insurance,  inspection,  a  normal  workday,  weekly  rest,  and  an  in- 
ternational bureau  of  labor  statistics.  One  and  one-half  decades 
were  yet  to  elapse  before  the  establishment  of  an  extralegal  bu- 

12  See  L.  Chatelain,  La  Protection  Internationale  ouvriere,  p.  153-158. 

22 


GENESIS  OF  THE  MOVEMENT 

reau  of  the  kind  proposed,  and  even  a  longer  time  ere  the  advent 
of  the  accident  insurance  treaties  that  now  prevail. 

While  these  matters  were  occupying  attention  in  France,  a 
noted  personage  had  proceeded  to  act  as  a  damper  to  the  move- 
ment in  the  German  Empire.  A  proposal  in  favor  of  protecting 
labor  internationally,  made  in  the  Reichstag  in  January,  1885, 
aroused  Bismarck  to  the  utterance  of  a  disquisition  upon  the 
subject.  "Impracticable"  recapitulates  in  a  word  his  conclusion. 
Alembers  of  the  Social  Democratic  Party  retaliated  in  the  suc- 
ceeding year.  Through  the  medium  of  a  portion  of  this  Party, 
a  plan  was  set  on  foot  to  have  the  Reichstag  adopt  a  resolution 
asking  that  the  Chancellor  of  the  Empire  convoke  a  conference 
of  principal  industrial  States  for  the  purpose  of  formulating  the 
uniform  basis  of  an  international  protective  labor  agreement. 
The  legal  establishment  of  a  ten-hour  workday,  and  the  sup- 
pression of  night-work  and  of  the  work  of  children  under  four- 
teen, were  the  particular  measures  recommended.  The  resolution 
precipitated  a  heated  discussion  which  served  the  mission  of  a 
publicity  campaign,  and  in  conjunction  with  a  notable  publica- 
tion of  that  period  resulted  in  a  repercussion  of  public  opinion 
in  favor  of  the  movement. 

That  publication  was  the  work  of  Dr.  Georg  Adler,  fellow  of 
the  University  of  Freiburg,  and  was  entitled:  Die  Frage  des 
Internationalen  Arbeiterschutzes.  The  evils  cited  by  this  advo- 
cate of  international  regulation  included  female  and  child  labor 
in  factories;  undue  length  of  the  workday;  excessive  assessments 
upon  the  wages  of  unskilled  laborers;  unemployment,  incompe- 
tence, and  disability  due  to  accidents  for  which  employers  cannot 
legally  be  held  responsible  and  also  due  to  disease ;  premature  and 
necessitous  old  age ;  and  the  sordid  and  unhealthy  homes  of  work- 
men. In  general,  Dr.  Adler  would  favor  a  method  of  prohibiting 
the  work  of  children  under  thirteen  so  as  not  to  conflict  with  a 
proper  degree  of  schooling  or  professional  training;  a  ten-hour 
workday  for  adults ;  cessation  of  work  at  night,  with  exceptions ; 
a  maximum  workday  of  from  five  and  one-half  to  six  hours  for 
young  people  from  thirteen  to  sixteen  years  of  age  and  for  mar- 
ried women,  which  would  be  productive  of  the  system  known  as 
"half-time,"  by  which  one  shift  of  such  persons  is  employed  in 


THE     INTERNATIONAL    PROTECTION     Of    LABOR 

the  forenoon  and  the  other  in  the  afternoon  exclusively ;  a  maxi- 
mum workday  of  ten  hours  for  all  young  people  from  thirteen  to 
sixteen  years  of  age  employed  in  domestic  industry;  inhibition  of 
labor  on  Sunday  with  exceptions,  and  also  in  certain  occupations 
dangerous  to  health,  and  especially  of  the  employment  of  young 
people  or  females  in  enterprises  inimical  to  their  health  and 
morals;  and  finally  for  backward  countries,  a  period  of  transi- 
tion of  a  dozen  years  if  need  be,  for  the  attainment  of  the  stand- 
ards set. 

Shortly  after  the  appearance  of  Dr.  Adler's  work,  Prof.  Lujo 
Brentano  of  the  University  of  Leipzig  published  an  article  upon 
"The  International  Regulation  of  Industr}\"  He  inquired  into 
the  effects  of  factory  legislation  upon  national  industrial  compe- 
tition, discovering,  in  answer,  a  resultant  moral  and  physical  re- 
generation of  laborers,  an  increase  in  wages,  an  improvement  in 
their  ability  and  the  general  quality  of  their  work  compensating 
in  part  at  least  for  whatever  diminution  of  production  may  be 
attendant  upon  such  regulation.  In  inquiring  into  the  degree  of 
uniformity  possible  in  labor  regulation  between  different  indus- 
trial countries,  he  finds  that  it  is  possible  only  so  far  as  the  diver- 
sity of  conditions  of  production,  including  climate,  situation,  pe- 
culiarities of  social  or  industrial  organization,  financial  resources, 
etc.,  of  the  competing  countries  permits.  In  his  opinion  diplo- 
matic pressure  can  be  usefully  exercised  only  to  induce  each 
country  to  pass  national  factory  legislation  compatible  with  its 
concrete  conditions  of  production,  thus  preserving  its  capacity 
for  competition,  but,  in  defense  of  the  employee,  precluding  exces- 
sive competition  with  the  industries  of  other  countries.  For  the 
enforcement  of  labor  laws  hypothecated  in  this  plan,  he  suggests 
the  device  of  adding  to  commercial  treaties  a  clause  making  the 
enjoyment  of  their  advantages  conditional  upon  the  faithful 
observance  of  the  agreements  entered  into  relative  to  factory 
legislation.  The  prima  facie  impracticability,  or  at  best  inferior- 
ity, of  such  a  scheme,  as  compared  with  methods  at  present  in 
operation,  ought  to  make  unnecessary  any  comment. 

The  23d  of  August,  1886,  an  international  labor  congress,  con- 
vened at  Paris  to  debate  the  problems  of  a  normal  workday, 
adopted  a  resolution  urging  the  workers  of  the  different  countries 

24 


GENESIS  OF  THE  MOVEMENT 

to  invite  their  governments  to  concert  the  solution  of  labor's  diffi- 
culties through  international  conventions.  At  the  Congress  of 
Montlugon  in  1887,  the  trade  unions  of  France  voted  to  invite 
the  Government  to  treat  with  other  powers  for  international  labor 
legislation.  In  Switzeralnd  in  the  same  year  Messrs.  Descurtins 
and  Favon  preferred  a  motion  ^^  before  the  bureau  of  the  Na- 
tional Council  taking  into  consideration  the  fact  that  a  great  num- 
ber of  states  either  had  or  were  in  the  process  of  acquiring  labor 
legislation  similar  to  that  of  Switzerland,  and  consequently  invit- 
ing the  Federal  Council  to  establish  intercourse  with  those  states 
relative  to  the  conclusion  of  treaties  or  conventions  on  the  pro- 
tection of  minors,  the  limitation  of  the  work  of  women,  weekly 
rest  and  the  normal  workday.  There  vras  little  expectation  that 
such  action  on  the  part  of  the  Federal  Council  at  that  time  would 
produce  immediate  tangible  results  other  than  the  exploitation  of 
the  subject  in  the  limelight  of  European  public  opinion,  but  even 
that  was  considered  to  be  worth  while.  In  1888  the  Federal  Coun- 
cil gave  its  official  countenance  to  the  proposition  and  declared  its 
intention  of  presenting  at  some  future  date  to  the  States  of  Eu- 
rope, in  place  of  a  general  memorial,  a  concrete  and  detailed  pro- 
gram. It  hoped  to  realize  in  part  at  least  the  measures  recom- 
mended in  the  motion,  to  which  it  wished  to  add  the  regulation 
of  relations  between  employers  and  employees  and  of  hygienic 
conditions  in  factories.  Any  attempt  to  obtain  an  international 
workday  was  characterized  as  impracticable  for  the  time  being. 
Attention  was  also  directed  to  ^he  fact  that  the  subject  of  labor 
control  was  not  one  merely  between  governments,  but  one  in 
vrhich  the  populations  of  the  States  concerned  had  a  direct  in- 
terest and  one  which  would  be  either  advanced  or  impeded  in 
proportion  as  these  populations  co-operated  for  the  success  of  the 
movement  or  failed  to  do  so.  In  further  elucidation  of  the  mo- 
tion the  following  points  were  designated  by  special  report  as  fun- 
damental to  the  conclusion  of  a  satisfactory  international  conven- 
tion, vis. :  the  determination  of  a  minimum  age  limit  for  children 
working  in  factories  and  mines,  the  prohibition  of  the  night-work 
of  women  and  minors,  of  the  work  of  women  in  certain  unhealthy 
and  dangerous  industries,  of  Sunday  work,  and  of  too  long  a 
^^A.d.  t.  XXXVI.  1890.  p.  46. 

25 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

workday  for  minors.  The  establishment  of  a  central  international 
office  to  transmit  information  with  reference  to  the  enforcement 
of  international  conventions  was  also  advocated  by  this  report. 

In  1889  the  Federal  Council  addressed  a  Circular  Note  ^*  to  the 
governments  of  Europe  recalling  to  mind  its  previous  unsuccess- 
ful action  in  1881,  but  now  anticipating  a  more  fruitful  issue  of 
its  endeavors  by  reason  of  progress  made  in  the  supervening  pe- 
riod of  eight  years.  The  question  of  concurrent  labor  legislation 
under  an  international  compact  was  again  broached.  Recognition 
was  given  to  the  impossibility  of  the  complete  attainment  of  the 
ends  in  view  by  a  single  leap.  As  a  beginning,  it  was  thought  that 
the  international  regulation  of  Sunday,  female  and  child  labor 
would  be  apropos.  The  convocation  of  an  international  confer- 
ence to  adjudicate  upon  such  measures,  drafted  in  advance  for 
the  sake  of  convenience,  was  recommended  as  a  prerequi- 
site to  their  incorporation  into  international  conventions.  Pur- 
suant to  the  exchange  of  ratifications,  such  conventions  would 
become  valid  to  all  intents  and  purposes  as  the  international  law 
of  the  powers  concerned.  It  is  noteworthy  that  fifteen  years  later 
this  was  substantially  the  procedure  adopted  for  the  creation  of 
the  Bern  Conventions.  The  full  program  proposed  in  the  Note 
included  the  prohibition  of  Sunday  labor  and  of  the  employment 
of  young  people  and  women  in  undertakings  dangerous  or  par- 
ticularly detrimental  to  health;  the  establishment  of  a  minimum 
age  for  the  admission  of  children  into  factories,  and  of  a  maxi- 
mum day's  work  for  young  workers;  the  restriction  of  night- 
labor  for  young  people  and  women;  and  the  mode  of  executing 
the  conventions  concluded.  This  time  Austria-Hungary,  France, 
Luxemburg,  Belgium,  Holland,  and  Portugal  were  favorably  in- 
clined; Spain  merely  acknowledged  receipt  of  the  communica- 
tion; the  replies  of  England  and  Italy  contained  reservations; 
Russia  frankly  refused  to  participate,  finding  ground  for  excuse 
in  the  difficulty  of  uniform  regulation  of  labor  under  the  diver- 
sity of  conditions  existent  in  different  parts  of  the  Empire.  Ger- 
many, Denmark,  Sweden,  and  Norway  sent  no  reply. 

Switzerland  had  intended  to  convene  a  conference  if  possible 
in  September  1889,  but  in  view  of  the  replies  to  her  Note,  she 

14  A.d.  1889,  t.  XXX.  p.  77-79. 

26 


GENESIS  OF  THE  MOVEMENT 

decided  to  postpone  i'  to  the  following  year.  She  addressed  an- 
other Note  ^^  to  the  ministers  of  the  several  powers  previously 
approached,  in  which  she  reviewed  the  replies  above  cited  and 
gcJk^e  notice  of  her  intention  to  transmit  a  detailed  program  for 
the  coming  meeting,  as  far  in  advance  as  possible,  to  the  powers 
interested.  The  program  was  later  submitted  in  connection  with 
a  formal  invitation  to  the  conference  which  was  to  be  non-diplo- 
matic in  character,  and  to  be  convened  Monday,  May  5,  1890,  at 
three  o'clock  in  the  afternoon  in  the  room  of  the  Council  of  State 
of  the  Federal  Palace  at  Bern,  Switzerland.  That  program  was 
conceived  in  the  form  of  a  long  list  of  questions  classified  accord- 
ing to  the  topics  already  mentioned  in  a  previous  Note. 

In  July,  1889,  socialists  formed  a  new  International  at 
Paris  where  were  presented  resolutions  prepared  by  an  interna- 
tional conference  held  at  The  Hague,  Feb.  28,  1889.  The  reso- 
lutions expressed  approbation  of  the  efforts  of  the  Swiss  Repub- 
lic and  enjoined  the  co-operation  of  the  socialist  parties  and  labor 
organizations.  The  measures  advocated  the  prohibition  of  the 
work  of  children  under  fourteen  years  of  age,  and  of  night- work 
in  general;  an  eight-hour  workday;  hebdomadal  rest;  the  con- 
servation of  health; 'an  international  minimum  wage;  a  system 
of  national  and  international  inspectors  chosen  by  labor  and  paid 
by  the  State  to  insure  the  enforcement  of  the  above ;  and  the  ex- 
tension of  their  supervision  to  home  industry. 

In  the  following  August,  the  general  Council  of  Bouches-du- 
Rhone  adopted  a  resolution  by  which  the  French  Government 
was  invited  to  take  the  initiative  in  international  legislation  to 
establish  a  workday  of  eight  hours. 

On  Feb.  25,  1890,  the  Swiss  Republic,  after  its  preparation  of 
the  long  list  of  questions  already  alluded  to,  suddenly  in  a  Circu- 
lar Letter  ^^  cancelled  the  international  conference  which  was  to 
be  held  at  Bern  and  which  was  at  last  to  crown  with  success  a 
series  of  earnest  and  disappointing  efforts  extending  over  nearly 
a  decade.  When,  after  such  an  expenditure  of  time  and  trouble, 
the  hard  soil  of  international  obduracy  had  at  last  become  soft- 
ened and  it  had  become  evident  that  the  time  was  ripe  to  achieve 

15  A.d.  1889.  t.  XXXI,  p.  342. 

16  ^.d  1890,  t.  XXXIII.  p.  373-374. 

27 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

the  honor  of  bringing  about  an  official  international  conference 
between  the  great  powers  of  Europe  to  deal  with  the  question  ot 
protecting  labor  by  means  of  treaties,  why  did  the  sturdy  Switzer 
suddenly  forego  the  realization  of  his  hopes?  The  two  following 
rescripts  ^^  of  the  German  Emperor  issued  just  twenty- 
one  days  (Feb.  4)  before  the  sending  of  the  Swiss  Note  of  can- 
cellation, intimate  the  reason  for  the  abandonment  of  the  project 
by  Switzerland. 

The  first  rescript  addressed  to  Bismarck  was  as  follows : 

*T  am  resolved  to  lend  a  hand  to  the  betterment  of  the  condi- 
tion of  the  German  workers  in  proportion  to  my  solicitude  oc- 
casioned by  the  necessity  of  maintaining  German  industry  in 
such  a  state  that  it  can  meet  the  competition  of  the  international 
market  and  insure  thereby  its  own  existence  and  that  of  the 
workers  as  well.  The  decadence  of  German  industry,  by  the  loss 
of  foreign  outlets,  would  deprive  of  their  means  of  subsistence 
not  only  employers  but  also  their  employees.  The  difficulties 
which  oppose  themselves  to  the  betterment  of  the  condition  of  our 
workers  and  which  result  from  international  competition  can  be, 
if  not  surmounted,  at  least  diminished,  in  no  other  way  than  by 
the  international  agreement  of  the  countries  which  dominate  the 
international  market. 

"Being  convinced  that  the  other  governments  are  equally  ani- 
mated with  the  desire  of  submitting  to  a  common  examination  the 
tentative  proposals  on  the  subject  concerning  which  international 
negotiations  have  been  broached  by  the  workers  of  these  coun- 
tries, I  want  my  official  representatives  in  France,  England,  Bel- 
gium, and  Switzerland  to  find  out  whether  the  governments  are 
disposed  to  enter  into  negotiations  with  us  with  the  aim  of  bring- 
ing about  an  international  agreement  on  the  possibility  of  givng 
satisfaction  to  the  needs  and  desires  of  the  workers  which  have 
found  expression  in  the  strikes  of  late  years  and  in  other  forms 
of  unrest. 

"As  soon  as  my  proposal  shall  be  accepted  in  principle,  I  charge 
you  to  convoke  all  the  governments  interested  in  like  measure 

"  A.d.  1890.  t.  XXXIII.  p.  325-326. 

28 


GENESIS  OF  THE  MOVEMENT 

in  the  labor  question,  to  take  part  in  a  conference  which  shall 
deliberate  upon  the  questions  raised. 

"Berlin,  February  4,  1890. 

"WILLIAM." 

The  second  rescript  to  Messrs.  Berlepsch  and  Maybach  was  as 
follows : 

"In  mounting  the  throne,  I  have  made  known  my  resolve  to 
favor  the  development  of  our  legislation  in  the  direction  given 
it  by  my  late  grandfather,  who  had  assumed  the  task  of  protect- 
ing the  less  fortunate  classes  in  the  spirit  of  Christian  morality. 

"The  measures  that  the  legislative  and  administrative  authori- 
ties have  taken  with  a  view  to  bettering  the  situation  of  the  work- 
ers, while  being  very  valuable  and  very  successful,  have  not  how- 
ever completely  sufficed  for  the  task  that  I  have  set  myself. 

"It  will  be  necessary  in  the  first  place  to  complete  the  legislation 
on  workmen's  insurance.  Next  "we  shall  have  to  examine  the 
provisions  of  the  present  law  on  the  condition  of  factory  work- 
ers in  order  to  give  satisfaction  to  their  complaints  and  aspira- 
tions in  so  far  as  they  are  just.  The  examination  of  this  law 
should  proceed  on  the  principle  that  it  is  one  of  the  duties  of 
the  government  to  regulate  the  duration  and  nature  of  work  in 
such  manner  that  the  health  of  the  workers,  the  principles  of 
morality,  economic  needs  of  workers  and  their  aspirations  toward 
equality  before  the  lav^,  may  be  safeguarded. 

"In  the  interest  of  the  maintenance  of  peace  between  employers 
and  the  working  people,  it  would  be  advisable  to  make  legal  pro- 
vision for  the  purpose  of  insuring  the  representation  of  workers 
by  men  enjoying  their  confidence  and  charged  with  the  responsi- 
bility of  regulating  their  common  affairs  and  of  defending  their 
interests  in  the  negotiations  with  employers  and  with  government 
authorities, 

"An  institution  of  this  kind  will  facilitate  for  workers  the  free 
and  peaceful  expression  of  their  desires  and  grievances.  It  will 
furnish  to  officials  the  means  of  keeping  informed  in  a  regular 
manner  on  the  labor  situation  and  of  continuing  in  contact  with 
the  workers. 

"I  desire  that  in  respect  of  the  economic  protection  to  be  ac- 

29 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

corded  laborers  the  mines  of  the  State  may  become  model  insti- 
tutions. As  regards  private  mines,  I  desire  that  organized  rela- 
tions be  established  between  my  mining  officials  and  these  under- 
takings with  a  view  to  a  supervision  analagous  to  factory  inspec- 
tion. 

"For  the  preliminary  examination  of  these  questions,  I  decree 
that  the  Council  of  State  shall  meet  imder  my  presidency  and 
examine  them,  calling  in  competent  persons  whom  I  shall  desig- 
nate.   I  reserve  to  myself  the  appointment  of  these  persons. 

"Among  the  difficulties  in  regulating  the  condition  of  laborers 
in  the  way  that  I  propose,  the  more  considerable  are  those  which 
result  from  the  necessity  of  taking  care  of  national  industry  in  its 
competition  with  foreign  industries.  I  have  accordingly  advised 
the  Chancellor  of  the  Empire  to  suggest  to  the  Governments  of 
the  States  whose  industry  with  ours  holds  the  universal  market, 
the  meeting  of  a  conference  to  bring  about  an  international  regu- 
lation, fixing  the  limits  of  the  work  that  can  be  required  of  labor- 
ers- The  Chancellor  of  the  Empire  will  forward  copy  of  my  re- 
script to  your  address. 
"Berlin,  February  4,  1890.  WILLIAM." 

Switzerland  desired  the  success  more  than  the  honor  of  the 
first  great  international  conference  of  a  diplomatic  character 
which  would  rivet  the  attention  of  the  whole  world  upon  the  sub- 
ject of  international  labor  regulation.  She  acquiesced  and  co- 
operated in  spite  of  the  unexpected  change  of  affairs  which  the 
above  rescripts  precipitated.  Conseqently,  as  had  been  antici- 
pated, the  conference  was  held ;  but  as  had  not  been  anticipated, 
it  was  held  under  the  auspices  of  the  German  Government  and 
at  Berlin,  of  which  more  hereafter. 


30 


CHAPTER  III 

International  Labor  Conferences 

After  the  appearance  of  Emperor  William's  rescripts,  Bis- 
marck proceeded  to  communicate  to  the  western  European  pow- 
ers, exclusive  of  Russia,  Spain  and  Portugal,  the  last  two  of 
which  were  invited  later,  an  invitation  to  send  delegates  to  a  labor 
conference  at  Berlin.  The  subject  matter  proposed  for  consid- 
eration referred  to  the  work  of  women,  children  and  young  per- 
sons, Sunday  labor,  mining,  and  lastly  the  means  best  adapted  to 
the  execution  of  the  measurers  adopted.  This  program  was  noti- 
fied to  Pope  Leo  XIII  by  Emperor  William  with  the  request 
that  His  Holiness  lend  his  aid  and  sanction  to  the  project.  The 
Pope's  reply  *  heartily  endorsed  the  deliberations  of  a  conference 
that  might  tend  to  relieve  the  condition  of  the  worker,  secure  for 
him  a  Sabbath  day's  rest,  and  raise  him  above  the  exploitation 
of  those  who  without  respect  to  the  dignity  of  his  manhood,  his 
morality  or  his  home,  treated  him  as  a  vile  instrument. 

Conference  of  Berlin,  March  15-2^,  i8po 

The  famous  Conference  convened  March  15,  1890,  at  two 
o'clock  in  the  afternoon  in  the  Palace  of  the  Chancellor.  Four- 
teen countries  were  officially  represented:  France,  Germany, 
Austria-Hungary ,2  England,  Holland,  Spain,  Switzerland,  Nor- 
way, Sweden,  Portugal,  Denmark,  Belgium,  Italy  and  Luxemburg. 
The  opening  address  of  the  session  delivered  by  Baron  Berlepsch,' 
German  Minister  of  Commerce,  envisaged  the  menace  that  had 
arisen  from  industrial  competition  and  justified  the  attempt  to 
realize  an  accord  between  the  governments  to  obviate  the  com- 
mon dangers  of  industrialism  internationally  unregulated.       In 

1  A.d.  1890.  t.  XXXV.  p.  lK-19. 

*  Austria  and  Hungary  may  be  counted  as  separate  States  in  respect 
of  Labor  Conferences  and  Conventions. 

«i4.d.  1890.  t.  XXXIV.  p.  270-271. 

31 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

the  protocol  finally  adopted  is  to  be  found  the  result  of  the  Con- 
vention's deliberations.''  The  proposals  made  therein  were  for 
the  most  part  approved  unanimously,  otherwise  by  a  majority. 

As  to  the  regulation  of  mines,  it  was  held  desirable  gradually 
to  make  twelve  years  in  southern  countries  and  fourteen  years  in 
others,  the  age  limit  for  the  admission  of  children;  to  exclude 
the  feminine  sex  entirely;  to  limit  the  length  of  a  day's  work 
amidst  unhealthful  environment  impossible  of  improvement;  to 
guarantee  so  far  as  possible  the  health  and  safety  of  miners  and 
adequate  state  inspection  of  mines ;  to  qualify  as  mining  engineers 
only  men  of  experience  and  duly  attested  competence;  to  render 
relations  between  operators  and  employees  as  direct  as  possible 
and  conducive  to  mutual  confidence  and  respect;  to  institute 
measures  of  relief  and  insurance  against  the  consequences  of  dis- 
ease, accident,  old  age,  and  death;  and  measures  preventive  of 
strikes.  Voluntary  direct  negotiation  between  employers  and  em- 
ployees was  recommended  as  the  preferable  solution  of  industrial 
crises,  with  ultimate  recourse  in  case  of  necessity  to  arbitration. 

The  desirability  of  the  prohibition  of  Sunday  labor  was  ad- 
hered to  with  certain  exceptions,  e.g. :  undertakings  demanding 
continuity  of  production,  or  furnishing  articles  of  prime  neces- 
sity and  requiring  daily  manufacture,  or  in  case  of  enterprises 
functioning  in  special  seasons  or  dependent  upon  the  irregular 
action  of  natural  forces.  It  was  recommended  that  for  such 
cases  the  governments  provide  a  common  basis  of  regulation  by 
international  agreement;  and  for  the  laborers  involved,  the  rule 
of  one  free  Sunday  every  other  week  was  suggested. 

The  resolutions  to  protect  children  stood  for  the  exclusion  of 
the  two  sexes  from  industrial  establishments  until  ten  years  of 
age  in  meridian  countries  and  until  twelve  years  old  in  all  others, 
with  certain  educational  requirements  prerequisite  to  such  labor. 
It  was  further  held  that  under  fourteen  years  of  age  they  ought 
not  to  be  allowed  to  work  nights  nor  on  Sundays ;  nor  to  exceed 
the  limit  of  six  hours  of  daily  work,  broken  by  a  rest  of  at  least 
one-half  hour;  nor  to  be  admitted  to  unhealthful  or  dangerous 
occupations,  save  in  exceptional  cases  where  special  protection  is 
provided. 

*A.d.  1890.  t.  XXXV.  p.  175-178. 

32 


INTERNATIONAL    LABOR    CONFERENCES 

The  advance  in  standards  for  the  regulation  of  the  night- 
work  of  young  persons  was  shown  by  a  draft  convention  adopted 
by  the  International  Labor  Conference  of  the  League  of  Nations 
at  Washington,  D.  C,  1919,  which  prohibited  the  night-work  of 
young  persons  under  eighteen  years  of  age  with  the  exception  that 
young  persons  over  sixteen  might  be  employed  in  certain  continu- 
ous industries  such  as  iron  and  steel  mills,  glass  works,  paper  fac- 
tories, etc.  In  case  of  occupations  particularly  dangerous  or  injuri- 
ous to  health,  as  likewise  in  the  matters  of  night,  Sunday,  and  a 
maximum  day's  work,  the  conferees  at  Berlin  directed  special  atten- 
tion to  the  need  of  safeguarding  the  interests  of  boys  from  six- 
teen to  eighteen  years  old.  The  night-work  of  girls  and  women 
was  condemned,  as  it  had  been  repeatedly  in  previous  assemblies. 
An  international  Convention  to  this  effect  since  1906  is  the  monu- 
ment to  these  efforts.  The  maximum  workday  recommended  for 
females  was  to  be  of  eleven  hours'  duration  interrupted  by  a  rest 
period  of  at  least  one  and  one-half  hours.  Among  numerous  in- 
ternational measures  favored  for  the  protection  of  health  was 
one,  not  met  with  heretofore,  decreeing  that  lying-in  women 
should  not  be  readmitted  to  work  within  four  weeks  after  de- 
livery. 

A  sufficient  number  of  officials  specially  qualified,  named  by 
the  government,  and  independent  of  employers  and  employees, 
constituted,  according  to  the  stipulations  of  the  protocol,  the 
proper  machinery  by  which  to  superintend  the  execution  of  these 
measures  in  each  State,  and  to  report  upon  labor  conditions.  The 
compilation  of  these  reports  and  annual  inter-communication  of 
the  same  by  the  governments,  together  with  relevant  labor  statis- 
tics, texts  of  legislative  regulations  and  administrative  decrees 
on  the  subject,  etc.,  were  also  advocated. 

The  immediate  result  of  the  Conference  of  Berlin  was  disap- 
pointing ;  its  real  aim,  unaccomplished.  Like  previous  and  less  im- 
portant congresses,  it  confined  itself  merely  to. the  expression  of 
views  and  desires;  no  definite  international  conventions  were 
formulated,  or,  indeed,  outlined.  Detractors  found  in  its  delib- 
erations further  proof  of  the  futility  of  the  movement.  But, 
however  unsatisfactory  were  the  results  obtained  and  gloated 
over  by  opponents,  the  Conference  was  an  index  of  the  growing 

33 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

power  of  an  ideal,  and  served  to  center  attention  upon  it  to  an 
unprecedented  degree.  It  was  a  step  in  advance  and  an  important 
one. 

Supervening  Events 

International  labor  legislation  was  the  chief  topic  discussed 
at  the  socialist  Congress  of  Brussels,  August,  1891.*  Switzer- 
land returned  to  the  task  of  crystallizing  opinion  in  favor  of  the 
movement,  seemingly  taking  heart  from  the  fact  of  the  Berlin 
Conference.  Her  National  Council  addressed  to  the  Federal 
Council  a  review  of  the  importance  of  that  event,  the  signifi- 
cance of  Switzerland's  role  in  the  events  leading  up  to  it,  and  a 
historical  exposition  of  the  whole  question  with  an  optimistic 
forecast  for  the  future. 

In  1892  the  Federal  Council  introduced,  through  diplomatic 
agents  at  Berlin  and  Vienna,  the  subject  of  an  international  agree- 
ment regulating  the  industry  of  mechanical  embroidery.  The 
move  had  been  suggested  and  sanctioned  by  workers  and  employ- 
ers of  the  industry,  but  it  received  a  cold  reception  at  the  hands 
of  the  two  powers  approached  and  was  dropped.  In  1895  the 
Federal  Council  was  invited  by  the  Federal  Chambers  to  take 
up  again  with  the  pov/ers  the  general  question  of  international 
labor  regulation,  but  the  Council  did  not  believe  the  time  pro- 
pitious for  a  new  attempt.  Its  next  step  (1896)  related  to  the 
possible  establishment  of  an  international  bureau  charged  with 
gathering  important  labor  statistics,  the  study  and  comparison 
of  industrial  legislation,  and  the  dissemination  of  pertinent  in- 
formation. Features  of  labor  law,  similar,  dissimilar,  or  worthy 
of  imitation,  might  thus  be  borne  home  to  state  and  interstate 
consciousness  as  in  no  other  manner.  The  countries  approached 
with  this  plan  were:  France,  Denmark,  Germany,  Belgium, 
Sweden,  England,  Italy,  Spain,  Holland,  Norway,  Russia,  and 
Austria.  The  replies  in  general  gave  plain  inplication  of  reluc- 
tance or  hostility ;  and  so  the  project  was  given  up  for  the  time 
being. 

*In  this  period  occurred  the  socialist  Congresses  of  Zurich,  1893,  and 
of  London,  1896. 

34 


INTERNATIONAL  LABOR  CONFERENCES 

Congress  of  Zurich,  August,  1897 

Then  came  the  first  international  labor  Congress  of  importance 
in  which  the  United  States  of  America  was  recognized  as  one  of 
the  powers  represented-  It  was  called  by  the  Swiss  Working- 
men's  Society  and  was  held  at  Zurich  in  1897,  the  other  nations 
represented  being  Switzerland,  Sweden,  Holland,  Spain,  Luxem- 
burg, Russia,  Poland,  Germany,  England,  Austria-Hungary,  Bel- 
gium, Italy,  and  France.  The  program  was  similar  in  many  re- 
spects to  that  of  the  Congress  of  Berlin  and  still  further  re- 
sembled this  more  famous  predecessor  by  its  failure  to  ge^  be- 
yond the  stage  of  exchanging  opinions  and  expressing  views. 
The  resolutions  declared  for  Sunday  rest,  an  age  limit  for 
child  labor  fixed  at  fifteen,  either  a  day  of  eight  hours 
or  a  week  of  forty-four  hours  for  women  and  an  eight-hour  day 
for  adults  in  general.  In  the  matter  of  inspection,  it  recom- 
mended that  women  inspectors  be  appointed  for  works  giving 
employment  to  that  sex,  and  suggested  that  a  special  inspection 
corps  might  be  instituted  for  agricultural  enterprises  employing 
machinery.  Other  propositions  were  discussed  and  their  char- 
acter is  easily  recognized.  They  demanded  that  official  recogni^ 
tion  be  tendered  to  the  offices  of  labor  organizations;  that  the 
right  of  employees  of  both  sexes  and  all  classes  to  organize  be 
respected,  with  violation  of  the  same  made  punishable;  that 
universal  suffrage,  equal,  direct,  and  secret,  be  introduced  in 
electing  to  all  representative  bodies  so  as  to  enhance  the  real  in- 
fluence of  the  labor  class  in  all  parliaments ;  that  active  propaganda 
be  carried  on  by  trade  unions  and  political  organizations  through 
such  instrumentalities  as  conferences,  publications,  conventions, 
journals,  and  most  important  of  all,  the  action  of  parliaments; 
and  that  international  congresses  be  periodically  organized  to 
present  to  different  parliaments  concurrently  proposals  of  the 
same  law.  The  Congress  importuned  the  Swiss  Federal  Council 
to  reattempt  the  establishment  of  international  legislation  and 
further  to  prosecute  its  scheme  of  an  international  labor  office ; 
and  at  the  same  time  evinced  the  fact  that  it  is  possible  for  radical 
Socialists  and  Catholics  to  make  mutual  concessions  for  the  sake 

35 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

of  harmony.    The  spirit  of  co-operation  distinguished  the  dehb- 
erations  of  this  meeting. 

Congress  of  Brussels,  September  27,  iSgj 

The  next  conference  of  note  assumed  the  title:  Congress  for 
International  Labor  Legislation.  Many  former  delegates  of  the 
Berlin  Conference  were  present.  It  could  hardly  be  said,  how- 
ever, to  be  official  in  character,  as  the  greater  number  of  mem- 
bers came  of  their  own  accord  without  official  or  governmental 
sanction.  Some  governments  sent  delegates;  Germany,  Belgium 
and  France  led  in  respect  of  the  number  of  such  representatives. 
Like  the  platform  prepared  originally  by  the  Swiss  for  the  inter- 
national conference  projected  by  them  and  later  abandoned  to 
give  place  to  the  Conference  of  Berlin,  the  order  of  the  day  was 
interrogatory  in  form.  This  program  asked  for  information  con- 
cerning the  evolution  and  modification  of  labor  legislation  among 
the  various  countries  subsequent  to  the  Conference  of  Berlin, 
inquired  the  situation  of  the  different  industrial  States  with  refer- 
ence to  certain  resolutions  of  that  Conference,  and  put  various 
other  questions  as  to  whether  international  labor  protection  is 
possible  and  desirable,  and  if  so,  in  what  measure  and  under 
what  form;  what  regulation  if  any,  should  obtain  with  reference 
to  small  industry  and  domestic  industry ;  what  would  be  the  util- 
ity and  propriety  of  the  concurrent  adoption  by  all  industrial 
states  of  the  regulations  imposed  upon  dangerous  industries  by  a 
share  of  them,  and  found  salutary  in  effect ;  what  the  appropriate 
means  of  insuring  the  better  execution  of  protective  labor  law, 
what  should  be  the  laws  and  duties  of  labor  inspectors;  and 
what,  the  desirability  of  establishing  international  reports  be- 
tween labor  offices  and  the  compilation  of  labor  statistics  interna- 
tional in  scope. 

That  the  preparation  of  such  statistics  would  be  of  great  util- 
ity seemed  to  be  the  universal  sentiment  of  the  delegates;  but, 
although  the  establishment  of  an  official  international  bureau  for 
that  purpose  was  advocated,  there  were  some  who  opposed  it  in 
preferment  of  a  private  office.  In  consequence  of  this  divergence 
of  opinion,  no  decision  was  reached.  The  possibility  of  actual  con- 

36 


THE    INTERNATIONAL    PROTECTION     Of    LABOR 

temporary  international  regulation  of  labor  seemed  by  tacit  recog- 
nition to  have  suffered  general  preclusion  from  the  minds  of  the 
conferees.  It  was  given  comparatively  slight  attention.  Tho 
conference  was  nevertheless  another  link  in  a  chain  of  events 
leading  on  to  the  positive  realization  of  international  labor  law ;  it 
accorded  a  profound  treatment  to  many  of  the  questions  in  hand, 
and  occasioned  the  production  of  a  noteworthy  monograph  upon 
legislative  principles  in  force,  and  centered  the  attention  of  econo- 
mists of  all  parties  upon  international  phases  of  the  labor  move- 
ment. It  also  evoked  from  Mr.  Henrotte,  Belgian  Chief  of  Labor 
Inspection,  the  proposal  of  the  suppression  of  industrial  poisons 
by  international  agreement,  and  the  observation  that  a  trial  of 
such  legislation  might  be  conveniently  made  by  the  international 
prohibition  of  the  use  of  white  lead  and  white  phosphorus. 

After  the  session,  some  of  the  delegates,  evidently  not  satis- 
fied with  the  convention's  work,  appointed  a  committee  of  three 
to  give  to  it  some  more  practical  result.  This  committee  under- 
took to  prepare  the  way  for  the  establishment  of  an  international 
labor  association  representative  of  all  parties  interested  in  the 
proper  protection  of  labor,  and  for  this  purpose  drafted  statutes 
or  a  tentative  constitution  for  such  an  organization.  It  also  lent 
its  aid  to  the  collection  of  copies  of  protective  labor  laws  and 
regulations  in  force,  with  the  result  that  toward  the  close  of 
1898,  appeared  Volume  I  of  the  Belgian  publication,  L'An- 
rmaire  de  la  legislation  du  travail,  covering  in  French,  the  labor 
laws  promulgated  in  the  year  1897.  Among  the  prominent  sup- 
porters of  this  undertaking  was  Mr.  Nyssens,  Belgian  Minister 
of  Industry. 

In  1899  Baron  Berlepsch  to  whom  the  proposed  plan  of  an  in- 
ternational association  on  labor  legislation  was  familiar,  met 
with  economists  and  men  of  politics  in  Berlin  to  consider  the 
proposition  and  examine  the  tentative  constitution  submitted  by 
the  committee.  The  statutes  outlined  were  generally  approved 
and  twenty  individuals  were  delegated  to  enter  into  relations  with 
other  nations  for  the  creation  of  other  committees  in  furtherance 
of  the  project. 

sR  B.  I.  (1-3),  App.  p.  150.  (E.  B.=Bulletin  of  the  International 
Labor  O&ce.) 

37 

208210     . 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

The  principles  stated  in  this  proposed  constitution  were  closely 
adhered  to  in  the  organization  of  a  labor  section  in  France,  which 
infused  more  life  into  the  movement  by  summoning  interested 
parties  to  another  international  labor  Congress  at  the  time  of  the 
Paris  Exposition  of  1900.  In  the  same  year,  the  French  Min- 
ister of  Commerce,  Mr.  Millerand,  made  an  unsuccessful  attempt 
to  bring  about  with  Belgium  negotiations  on  labor  legislation- 
The  incident  reveals  the  status  of  governmental  co-operation  in 
matters  pertaining  to  labor  at  this  stage  of  the  movement-** 

Congress  of  Paris  July  25-2^,  iqoo 

The  following  States  sent  delegates  to  the  Congress  of  Paris: 
Holland,  Russia,  United  States,  Austria,  Belgium,  and  Mexico. 
Many  other  countries  were  represented  non-officially  by  promi- 
nent men  and  women. 

The  representative  of  Italy,  Signor  Luzzatti,  uttered  on  this 
occasion  a  significent  declaration^  with  reference  to  labor  con- 
ditions in  his  country.    Said  he : 

"I  come  from  a  country  where  industry  is  only  just  beginning 
to  develop.  I  should  be  thankful  if  you  could,  by  means  of  a 
compellare  intrare,  give  us  an  impetus  in  the  right  direction  of 
progress.  I  should  be  thankful  if  you  could  give  to  Italian  work- 
men by  international  legislation  that  protection  which  national 
legislation  does  not  afford  them. 

"Decisive  success  can  only  b'^  attained  by  way  of  international 
legislation.  I  have  often  urged  the  prohibition  of  night- work  in 
cotton  mills ;  the  reply  has  always  been :  'Willingly,  but  first  let 
it  be  introduced  in  the  neighboring  states  which  compete  with 
us.    Try  to  bring  it  about  by  way  of  international  legislation.' 

"I  feel  no  doubt  that  in  future,  together  with,  or  indeed  sup- 
plementary to,  our  commercial  treaties,  we  shall  have  labor 
treaties.  In  such  treaties,  we  shall  include  provisions  tending  to 
level  up  conditions  of  exchange. 

"Finally,  I  feel  I  must  give  my  opinion  that  all  our  attempts 
will  remain  lifeless  if  we  are  not  capable  of  quickening  them 
with  the  warmth  of  human  solidarity.    Especially  in  the  realm  of 

•Ibid. 

38 


INTERNATIONAL  LABOR  CONFERENCES 

social  questions  one  is  continually  constrained  to  think  of  the 
beautiful  saying  that  really  fruitful  thoughts  spring  always  from 
the  heart." 

These  remarks  found  partial  fulfillment  in  a  pioneer  labor  treaty 
concluded  between  France  and  Italy  four  years  later. 

The  work  outlined  for  the  Congress  consisted  of  the  considera- 
tion of  four  things:  the  legal  limitation  of  the  length  of  the 
workday;  the  prohibition  of  night-work;  the  inspection  of  labor; 
and  the  formation  of  a  union  or  international  association  for  the 
legal  protection  of  labor.  In  the  discussions  it  was  denied  that 
any  expectation  was  entertained  of  realizing  by  international 
agreement  a  Utopia  of  complete  unification  of  protective  law; 
it  was  rather  expected  that  greater  and  greater  similarity  of  such 
laws  would  gradually  evolve;  in  determination  of  a  maximum 
workday,  it  was  declared  that  the  consensus  of  opinion  of  past 
congresses  seemed  to  favor  a  period  of  eleven  hours  under  con- 
dition of  its  gradual  reduction  to  ten  hours;  night-work,  with 
the  usual  reservations,  was  severely  condemned ;  labor  inspection 
was  defined  as  an  essential  institution  capable  of  further  develop- 
ment with  respect  to  the  establishment  of  permanent  relations  be- 
tween its  corps  in  different  countries,  and  of  augmentation  notably 
by  the  addition  of  penalties,  the  specialization  of  functions,  and 
the  inclusion  of  inspectors  representative  of  the  rank  and  file  of 
labor. 

The  creation  of  an  official  international  office  was  opposed  as 
conducive  to  complications  under  the  excessive  burden  of  respon- 
sibility which  would  be  imposed  by  the  superintendence  of  politi- 
cal, industrial  and  commercial  relations  of  international  conse- 
quence; but  a  private  office  being  deemed  admissible  and  desir- 
able, the  matter  was  resolved  in  this  latter  sense  by  providing 
for  the  formation  of  the:  "International  Association  for  the 
Legal  Protection  of  Labor."  ^ 

Thus  at  last,  after  twenty  years  of  disappointing  attempts  to 
attain  some  practical  result,  there  was  conceived  and  brought 
forth  a  child  worthy  of  the  splendid  cause  whose  name  it  bore — 

"^  The  Association  is  frequently  termed  the  "International  Association 
for  Labor  Legislation." 

39 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

the  International  Association  for  the  Legal  Protection  of  Labor 
was  bom — destined  to  grow  into  the  robust  organization,  which, 
through  its  International  Labor  Office  and  national  sections, 
gradually  extended  its  influence  to  every  quarter  of  the  globe  and 
became  responsible  more  than  any  other  agency  for  the  strides 
which  were  taken  toward  more  effective  international  co-opera- 
tion in  control  and  protection  of  industrial  workers.  To  a  com- 
mission of  six  wise  men  was  entrusted  the  task  of  carrying  out  the 
active  organization  of  the  new  Association.  The  body  had  for  its 
presiding  officer  a  Swiss  delegate,  Mr.  Scherrer,  lawyer  and  for- 
mer president  of  the  Congress  of  Zurich;  his  colleagues  were 
Baron  Barlepsch,  and  Messrs.  Cauwes,  of  the  Law  Faculty  of 
Paris;  Phillippovich,  of  the  University  of  Vienna;  Toniolo,  of 
the  University  of  Pisa,  and  Mahaim,  at  the  University  of  Liege. 

The  Association,  as  organized,  was  to  be  directed  by  a  Bureau 
chosen  by  the  Committee  of  delegates  representing  different  na- 
tional sections  ^  which  were  to  be  wholly  autonomous  bodies  or- 
ganized in  accordance  with  the  desires  of  the  nationals  concerned 
and  having  their  own  separate  programs.  The  only  prerequisite 
to  membership  in  the  Association  was  acceptance  of  the  principles 
of  the  legality  and  efficacy  of  intervention  to  regulate  the  relations 
of  capital  and  labor.  Support  was  derived  from  contributions  and 
voluntary  state  subventions.  A  permanent  International  Labor 
Office  with  a  regular  salaried  staff  was  established  at  Basel,  Swit- 
zerland. By  the  Peace  Treaty,  1919,  an  International  Labor 
Office  was  incorporated  in  the  International  Labor  Organization 
of  the  League  of  Nations. 

The  Constitution  of  the  Association  called  for  the  publication  in 
French,  German  and  English  of  a  periodic  review  of  labor  legis- 
lation in  all  countries.  The  French  and  German  publications  date 
from  the  year  1902;  the  English,  from  1906;  they  are  respec- 
tively entitled :  Bulletin  de  I' office  international  dii  travail,  Bulle- 
tin des  Internationalen  Arbeitsamtes,  and  Bulletin  of  the  Inter- 
national Labor  Office.    These  Bulletins  gave,  either  textually  or 

8  Each  section  was  given  its  own  official  title;  thus  the  American 
Section  is   the   "American  Association  for  Labor  Legislation." 

It  should  be  noted  also  that  governments  were  invited  to  desig- 
nate one  delegate  each,  who  had  the  same  rights  in  the  Committee 
as  other  members.     See  Appendix  II,  Exhibit   10. 

40 


INTERNATIONAL  LABOR  CONFERENCES 

in  resume,  the  laws  in  force  relative  to  the  protection  of  labor  in 
general,  and  of  women  and  children  in  particular.  They  also  con- 
tain historical  expositions  of  these  enactments  as  well  as  copies  or 
digests  of  official  reports  and  documents  concerning  their  inter- 
pretation and  execution.  Here  are  to  be  found  the  facts,  gleaned 
from  all  the  industrial  nations  of  the  world,  that  made  possible 
the  effective  comparative  study  of  labor  legislation  so  essential 
to  all  attempts  to  unify  it.  The  Association  summarized  its  aims 
under  five  principal  headings : 

"i.  To  serve  as  a  bond  of  union  to  all  who  believe  in  the  neces- 
sity for  Labor  Legislation. 

"2.  To  organize  an  International  Labor  Office. 

"3.  To  facilitate  the  study  of  Labor  Legislation  in  all  countries, 
and  to  provide  information  on  the  subject. 

"4.  To  promote  International  Agreements  on  questions  relating 
to  conditions  of  Labor. 

"5.  To  organize  International  Congresses  on  Labor  Legisla- 
tion." 

The  work  of  this  conference  had  direct  and  far-reaching  con- 
sequences. In  one  country  after  another,  national  sections  were 
quickly  instituted.  The  section  in  Germany  bore  the  title  of 
"Society  for  Social  Reform"  and  had  as  one  of  its  principal  aims 
the  creation  of  an  Imperial  Labor  Office.  Local  sections  were 
established  in  Berlin,  Leipzig,  Dresden,  and  Hamburg.  As  for 
Austria,  a  section  was  organized  in  spite  of  the  law  prohibiting 
to  societies  international  relations ;  while  in  France,  Italy,  Holland 
and  Hungary,  similar  sections  were  also  created.  The  one  in 
Switzerland  boasted  two  hundred  and  thirty-eight  members; 
Belgium,  on  the  other  hand,  had  to  make  up  in  quality  what 
she  lacked  in  quantity.  Her  limited  membership  was  co-optated 
so  as  to  preserve  the  organization's  character  of  political  neu- 
trality. 

First  Delegates'  Meeting  of  the  International  Association.   Basel, 
Sept.  27-28,  1901. 

These  sections,  excepting  that  of  Hungary,  soon  were  repre- 
sented at  the  inaugural  meeting  of  the  Association,  known  as  the 
"Constituent  Assembly  of  the  International  Association  for  the 

41 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

Legal  Protection  of  Labor."  This  conference  proceeded  to  define 
the  functions  of  the  International  Labor  Office  in  contradistinc- 
tion to  those  of  the  International  Association,  enumerating  among 
the  tasks  primarily  incumbent  upon  the  former  the  scientific  in- 
vestigation and  comparison  of  national  legislative  enactments  and 
the  solution  of  the  various  problems  inherent  in  dangerous  and 
unhealthful  occupations,  the  night-work  of  women,  and  the  use 
of  poisons,  especially  lead  and  white  phosphorus  in  manufacturing 
processes.  But  a  few  years  later,  the  use  of  white  phosphorus  in 
the  manufacture  of  matches  was  prohibited  by  international 
agreement.  It  was  desired  also  that  the  Office  pay  special  atten- 
tion to  employers'  liability  and  methods  of  insurance  against 
accidents  and  diseases,  especially  in  their  relation  to  imported 
labor.  A  careful  study  of  the  acts  of  these  congresses  reveals 
the  fact  that  in  their  resolutions  and  discussions  have  been  laid 
the  foundations  for  every  Important  labor  law  that  has  since 
been  internationally  enacted.  The  principle  of  the  equal  treat- 
ment of  foreigners  and  citizens  before  the  social  insurance  laws 
of  a  realm  was  destined  to  have  a  notable  carer. 

Another  subject  touched  upon  in  the  discussion  of  certain  of 
the  delegates  and  destined  to  assume  larger  proportions  in  later 
years,  was  that  of  regulating  traffic  in  young  Italian,  laborers, 
which  was  an  evil  particularly  prevalent  in  France. 

Second  Delegates'  Meeting,  Cologne,  Sept.  23-24,  1902. 

The  next  year  witnessed  at  Cologne  the  Second  Delegates' 
Meeting  of  the  Association.  Forty-four  delegates  from  twelve 
national  sections  besides  twenty-one  official  delegates  of  eleven 
European  powers,  constituted  an  attendance  that  was  very  en- 
couraging in  contrast  with  the  official  representation  accorded 
by  only  four  powers  in  the  year  previous.  The  Assembly  con- 
fined its  labors  chiefly  to  tvv'O  topics;  i.  e.,  the  night-work  of 
women  and  the  use  of  the  poisons,  white  phosphorus  and  lead,  m 
industry.  The  principal  obstacle  encountered  in  the  diagnosis 
of  the  first  question  was  the  disagreement  as  to  just  what  excep- 
tions, if  any,  to  the  general  prohibition  of  night-work  to  females 
v/ere  feasible.  In  disposing  of  this  matter,  the  convention  re- 
sorted to  the  expedient  of  appointing  a  commission  to  discover 

42 


INTERNATIONAL  LABOR  CONFERENCES 

if  possible  by  scientific  analysis  of  the  variant  factors  entering 
into  that  problem,  the  measures  best  adapted  to  the  effective 
prohibition  of  such  labor  and  the  progressive  suppression  of 
exceptions  to  the  same.  Similar  provision  was  made  for  the 
investigation  of  measures  by  which  to  abolish  white  phosphorus 
from  industry  and  suppress,  in  so  far  as  possible,  the  use  of  white 
lead.  As  a  means  to  this  end,  it  was  resolved  to  bring  pressure 
to  bear  upon  state  and  local  authorities  for  the  elimination  of 
the  use  of  lead  in  establishments  under  their  jurisdiction.  In  the 
following  year  occurred  the  publication  of  the  investigations 
(Jena,  Gustav  Fischer)  under  the.  titles.  Night-Work  of  Women 
in  Industry  and  The  Unwholesome  Industries. 

French  and  Italian  delegates  at  the  meeting  entered  into 
informal  negotiations  upon  the  subject  of  a  Franco-Italian  Labor 
Treaty,®  but  nothing  was  definitely  decided  in  the  matter  at  this 
time. 

Commission  Meeting  at  Basel,  Sept.  9-1 1,  1903. 

The  commission  to  whom  the  task  of  making  the  above  re- 
searches had  been  assigned,  met  for  conference  in  Basel  in  1903. 
In  order  to  arrive  at  some  real  and  practical  outcome  of  the  much 
mooted  questions  of  twenty  years  concerning  the  night-work  of 
women,  it  besought  the  Swiss  Federal  Council  to  invoke  the 
nations  to  acquiescence  and  participation  in  another  international 
conference  whose  aim  it  should  be  to  see  this  evil  put  under  the 
ban  of  effective  international  prohibition.  This  prohibition,  in 
the  mind  of  the  committeemen,  ought  to  find  exception  in  case 
of  such  unavoidable  exigencies  as  fire,  flood,  explosion,  imminent 
or  unexpected  accident,  or  impending  loss  of  perishable  prod- 
ucts such  as  fruit  or  fish.  In  dealing  with  the  subject  of  indus- 
trial poisons,  the  commission  made  known  to  the  Swiss  Federal 
Council  its  desire  to  have  it  undertake  the  necessary  diplomatic 
action  to  occasion  an  international  conference  before  which  might 
be  laid  the  question  of  prohibiting  by  international  convention 
the  use  of  white  phosphorus  in  the  match  industry.  The  regula- 
tion of  the  use  of  white  lead  and  its  compounds  was  deemed  a 
subject  also  worthy  of  treatment  by  such  a  conference;  more- 

•  G.  B.-Bulletin  des  Internationalen  Arheitsamtes  Bd.  Ill,  S.  x. 

43 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

over,  it  was  held  to  be  the  place  of  the  national  sections  to 
pursue  energetically  the  elimination  of  the  use  of  lead  products 
in  public  and  private  painting  works. 

The  response  of  the  Federal  Council  to  these  overtures  was 
cordial  and  now  about  fifteen  years  after  the  Berlin  Conference, 
it  proceeded  to  extend  to  the  various  powers  an  invitation  for 
another  international  conference.  Their  reply  was  in  general 
very  favorable;  and  thus  it  came  about  that  the  Swiss  Circular 
Letter  of  Dec.  30,  1904,^°  issued  a  summons  that  was  destined 
to  congregate  behind  closed  doors  the  representatives  of  fifteen 
European  countries  for  a  nine  days'  consideration  (May  8-17, 
1905)  of  the  international  problems  of  labor.  Several  other 
notable  events,  however,  occurred  in  1904,  before  this  confer- 
ence, the  date  of  which,  it  will  be  noticed,  was  set  for  the  spring 
of  the  following  year. 

On  April  15,  1904,  France  and  Italy  had  signed  the  first  of  a 
series  of  treaties  looking  toward  reciprocal  protection  of  laborers 
of  the  one  country  within  the  territory  of  the  other.  The  exam- 
ple thus  set  was  so  generally  followed  as  to  create  in  interna- 
tional diplomacy  an  important  departure,  which  will  receive  ex- 
tended treatment  in  a  following  chapter. 

Third  Delegates'  Meeting,  Basel,  Sept.  26-27,  1904. 

In  the  same  year  occurred  the  third  general  assembly  of  the 
International  Association,  convened  at  Basel,  with  ten  powers 
officially  represented  besides  the  usual  delegations  from  national 
sections.  The  program  presented  five  principal  topics  for  con- 
sideration, viz. :  the  material  and  financial  resources  of  the  Inter- 
national Ofiice;  the  prohibition  of  industrial  poisons;  the  regu- 
lation of  the  night-work  of  v/omen  and  young  people;  the  rela- 
tion of  labor  legislation  to  home  labor;  and  lastly  the  problems 
of  social  insurance.  The  five  questions  were  assigned  to  as  many 
different  committees,  which  proceeded  to  consider  and  report 
upon  them. 

The  first  committee  reported  a  deficit  in  the  treasury  of  the 
International  Office,  and  asked  new  subsidies  from  the  States 
to  meet  the  need. 

"  G.  B.  Bd.  Ill,  S.  442. 

44 


INTERNATIONAL  LABOR  CONFERENCES 

The  committee  on  industrial  poisons  was  elated  over  the  fact 
that  anonymous  philanthropists  had  donated  25,000  francs  as 
prize  money  to  be  distributed  to  those  who  in  competition  sug- 
gested the  best  methods  of  overcoming  the  dangers  of  lead 
poisoning.  The  committee  maintained  that  the  question  should 
be  studied  with  reference  to  each  industrial  group  by  which 
lead  was  used,  e.  g. :  manufactures  of  lead  colors,  painting  estab- 
lishments, makers  of  certain  electrical  instruments,  the  poly- 
graphic  industry,  plumbing,  stone  cutters,  dyers,  etc.,  in  order 
that  there  might  be  worked  out  for  each  group  the  restrictions, 
regulations,  or  prohibitions  necessary  to  guard  the  well-being 
of  the  laborer.  In  the  painting  industry,  for  example,  it  urged 
severe  measures  to  coerce  in  all  instances  possible,  the  substi- 
tution of  less  harmful  materials  for  lead  products.  And  finally, 
in  concluding  its  resolutions,  it  recommended,  as  a  preliminary 
measure  for  effective  resistance  to  the  employment  of  industrial 
poisons  in  general,  a  careful  classification  by  experts  of  all  such 
poisons  upon  the  basis  of  the  seriousness  of  the  disease  produced 
by  each  and  the  wide  publicity  of  the  list  when  completed. 

The  third  committee  did  not  fail  to  find  in  the  theme  of  night- 
work  of  young  people  abundant"  material  out  of  which  to  con- 
struct a  laudable  program  of  investigation. 

The  fourth  committee  desired  each  national  section  to  study 
and  report  upon  certain  designated  phases  of  the  problems  inher- 
ent in  home  labor  and  its  relation  to  labor  legislation.  The  subject 
of  the  investigation  of  home  industries  had  been  suggested  at 
the  meeting  of  the  special  commission  In  Basel  the  year  before. 

The  fifth  committee  was  charged  with  the  examination  of  the 
topic  of  industrial  or  social  insurance.  The  principles  sanctioned 
by  the  assembly  held  that  insurance  law  applicable  in  a  given 
case  ought  to  be  that  of  the  place  of  the  undertaking  giving 
employment,  and  that  distinctions  should  not  be  drawn  between 
beneficiaries  of  social  insurance  "because  of  their  nationality, 
domicile,  or  residence.  The  national  sections  were  asked  to 
furnish  the  Bureau,  before  the  next  general  assembly  of  the 
Association,  reports  that  would  throw  light  upon  the  means  of 
putting  these  principles  into  operation  in  each  country,  and 
internationally.     The  position  taken  by  the  conference  upon  this 

45 


THE    INTERNATIONAL     PROTECTION     OF    LABOR 

point  is  noteworthy.  Here  was  bold  adherence  to  the  position 
that  the  topic  of  workmen's  insurance  and  the  right  of  the 
laborer  to  indemnity  if  incapacitated  by  accident,  did  not  confine 
itself  to  the  domain  of  private  law  and  so  by  its  very  nature 
exclude  itself  from  international  treatment.  The  question  o£ 
the  equality  of  foreigners  and  citizens  before  insurance  law  had 
been  for  a  long  time  a  debated  issue:  the  solution  which  it  v/as 
gradually  approaching  is  indicated  by  the  fact  that  in  this  same 
year,  1904,  Italy  signed  three  treaties  with  as  many  governments, 
in  each  of  which  it  was  mutually  agreed,  in  respect  of  accident 
insurance,  to  investigate  the  means  of  bringing  into  practice  the 
reciprocal  protection  of  citizens  of  one  country  working  in  ter- 
ritory of  the  other.  That  this  principle  is  wholly  susceptible  of 
application  has  been  amply  proved  since  by  a  succession  of  trea- 
ties on  the  subject. 

Before  adjourning,  the  assembly  extended  to  the  sections  an 
invitation  to  include  among  their  studies  a  special  investigation 
of  the  question  of  the  limitation  of  the  length  of  the  workday. 

Bern  Conference,  May  8-17,  1905. 

In  the  nionth  of  May  1905,  occurred  the  first  of  the  two  fa- 
mous assemblages  at  Bern,  in  which  a  majority  of  the  powers  of 
Europe  took  practical  steps  toward  the  concurrent  incorporation 
of  labor  law  into  international  conventions.  We  mention  the 
fact  here  merely  in  its  chronological  order,  as  a  succeeding  chap- 
ter is  devoted  to  the  epoch-making  transactions  of  the  assembly 
and  that  which  was  its  sequel. 

Seventeenth  Miners^  International  Congress.   June  5-8,  1906. 

Apart  from  congresses  proposedly  convoked  in  behalf  of  the 
principle  of  international  protection,  the  subject  has  been  con- 
sidered in  the  international  meetings,  too  numerous  for  detailed 
discisssion  at  present,  v/hich  trade  unions,  philanthropic  societies, 
political  parties,  and  various  other  organizations,  have  been  con- 
stantly holding.  An  important  example  is  that  furnished  by  the 
Seventeenth  International  Congress  of  Miners,  held  in  London 

46 


INTERNATIONAL  LABOR  CONFERENCES 

in  1906."  The  delegates  desired  that  pressure  be  brought  to  bear 
upon  governments  so  as  better  to  safeguard  the  Hfe  and  Hmb  of 
members  of  their  vocation.  Their  resolutions  indicated  their  nu- 
merous wants,  which  were  in  brief :  mine  inspectors  chosen  from 
among  the  workmen  and  paid  by  the  State;  the  prohibition  of  fe- 
male work,  as  well  as  that  of  children  under  fourteen,  and  of 
youths  under  sixteen  in  underground  works ;  an  eight-hour  work- 
day for  underground  operations;  a  minimum  wage  and  the  con- 
trol of  wages  by  the  delivery  to  the  miners  of  every  colliery  of  a 
duplicate  pay  book;  old-age  pensions  at  fifty-five;  the  extension 
of  workmen's  insurance  to  provide  unconditionally  a  sufficient 
allowance  for  incapacitated  miners  and  likewise  for  heirs  of 
workmen  who  have  died. 

International  Diplomatic  Conference  at  Bern.   Sept.  17-26,  1906. 

Three  months  later  there  was  held  the  second  of  the  Bern 
Conferences,  as  a  result  of  which  the  prohibition  of  the  indus- 
trial night-work  of  women  and  the  interdiction  of  the  use  of 
white  phosphorus  in  the  manufacture  of  matches  were  enacted 
into  law  by  a  large  proportion  of  the  nations  of  Europe  and 
their  dependencies  throughout  the  world. 

Fourth  Delegates'  Meeting.    Geneva,  Sept.   27-29,   1906. 

It  had  now  been  two  years  since  the  International  Association 
for  the  Legal  Protection  of  Labor  had  held  an  official  confer- 
ence; it  convened  on  Sept.  26,  1906,  the  fourth  assembly  of  the 
series  at  Geneva  with  seventy-eirht  dele^yates  present  and  ten 
nations  officially  represented.  Since  its  last  meeting  four  new 
national  sections  had  been  added,  making  a  grand  total  of  twelve 
such  branches  of  the  organization.    The  additions  were : 

(1)  British  Section  established  in  1904; 

(2)  American  Section  established  in  1906; 

(3)  Danish  Section  established  in  1906; 

(4)  Spanish  Section  established  in  1906. 

The  financial  status  of  the  Association  was  found  to  be  excel- 
11  E.  B.  Vol  1,  (4-8).  pp.  229-230. 

47 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

lent,  expenses  being  more  than  met  by  generous  contributions  and 
state  subventions.  Standing  at  the  head  in  this  respect,  as  in 
all  phases  of  the  movement,  has  been  Switzerland,  which  in 
the  years  1904- 1907  contributed  over  seven  thousand  francs 
more  than  its  nearest  rival,  Germany,  and  over  fifteen  thousand 
more  than  its  next  nearest  rival,  France.  The  following  table 
indicates  the  amounts  contributed  by  the  various  States  within 
that  time: 2 

1904  1905  1906  1907  Total 

/.  /.                /.  /.  /. 

Germany   7.386  7.374  9.800  10.000  34.560 

Austria    3.000  3.125.65  3.122  5.000  14.247.65 

Belgium    ....  2.000  2.000  4.000 

Denmark   ....               687.29  700  1.387.29 

United  States 1.033.75  1.000  1.000  1.000  4.033,75 

France  5.000  3.750  9.000  9.000  26.750 

Hungary    4.716.98  3.000  3.000  10.716.98 

Italy    1.000  2.000  2.000  2.000  7.000 

Luxemburg    400  500              500  500  1.900 

Norway    ....               688.30  700  1.388.03 

Holland   4.151.10  4.137.95  4.139:75  4.150  16.578.80 

Sweden   ....  4.035.20  1.000  5.035.20 

Switzerland   10.000  10.000  9.999.70  12.000  41.999.70 


Total    31.970.85     36.604.58     46.972.24     53.050        169.097.67 

The  sum  of  four  thousand  francs  was  voted  to  aid  in  the  pub- 
lication of  an  English  version  of  the  Bulletin  of  the  International 
Labor  Office.  The  subsidy  was  accorded  for  two  years  only  and 
on  condition  that  supplementary  expense  be  met  by  the  national 
sections.  Since  1906  the  English  Bulletin  has  made  its  regular 
appearance  concurrently    with  the  French  and  German  editions. 

The  assembly  followed  the  custom  of  dividing  itself  into  sec- 
tions, to  each  of  which  some  special  topic  was  assigned ;  the  chief 
subjects  designated  for  consideration  were: 

(i)  Child  labor. 

(2)  Industrial  poisons. 

(3)  Night- work  for  young  persons. 

(4)  Maximum  duration  of  workday. 

^2  See  L.  Chatelain,  La  Protection  Internationale  ouvriere,  p.  153-158. 

48 


INTERNATIONAL  LABOR  CONFERENCES 

(5)  Home  work. 

(6)  Insurance. 

The  resolutions  adopted  by  the  meeting  authorized  the  Bureau 
of  the  Association  to  tender  thanks  in  the  name  of  the  Association 
to  the  various  governments  which  signed  the  Bern  Conventions, 
and  to  congratulate  the  Swiss  Federal  Council  upon  the  notable 
outcome  of  its  efforts;  they  also  called  upon  the  sections  to  in- 
form the  Bureau  as  to  tJiie  measures  decreed  in  each  country  in 
execution  of  labor  legislation,  and  recommended  the  issuance  of 
a  questionnaire  by  the  Office  to  obtain  information  with  which 
to  elaborate  a  comparative  report  on  the  subject ;  moreover,  both 
the  Office  and  the  sections  were  besought  to  undertake  a  sim- 
ilar task  in  the  further  investigation  of  the  question  of  child  labor. 

Upon  the  topic  of  the  night-work  of  young  workers,  the  resolu- 
tions specified  eight  particular  points:  the  general  prohibition  of 
such  work  to  young  persons  under  eighteen ;  its  absolute  prohibi- 
tion up  to  the  age  of  fourteen;  exceptions  above  fourteen  in 
cases  of  necessity;  e.g.,  in  Industries  where  materials  are  subject 
to  deterioration  and  loss;  Its  total  prohibition  In  public-houses, 
hotels,  and  sales  establishments;  the  provision  for  a  minimum 
night's  rest  of  eleven  hours  including  in  every  case  the  hours 
from  10  p.  m.  to  5  a.  m. ;  the  permission  to  make  certain  reserva- 
tions In  accomplishing  the  transition  from  old  to  new  regulations ; 
the  desirability  of  seeing  the  serious  enforcement  of  inspection; 
the  institution  of  a  commission  to  Investigate  the  ways  and  means 
of  realizing  the  above  and  to  report  upon  the  same  within  two 
years,  each  section  having  the  privilege  to  nominate  two  dele- 
gates for  the  commission  and  to  designate  such  experts  from 
among  employers  and  employees  as  ought  to  assist  in  the  delib- 
erations. Of  such  nature  were  seven  laudable  propositions  ad- 
vanced with  no  suggestion  of  the  means  of  their  execution  In  evi- 
dence, save  the  eighth,  which  merely  provided  for  the  appoint- 
ment of  a  commission  further  to  Investigate  the  matter — 
being  "the  substance  of  things  hoped  for  and  the  evidence  of 
things  not  seen."  Nevertheless,  faith  wrought  works  In  the  mat- 
ter as  will  appear  later. 

The  maximum  duration  of  the  workday  was  deemed  to  be  a 
subject  upon  which  definite  conclusions  should  be  reached  for  the 

49 


THE  INTERN ATIONAL.PROTECTION  OF  LABOR 

conservation  of  the  physical  well-being  and  proper  moral  stand- 
ards of  employees.  As  a  means  to  this  end  and  to  be  in  a  way 
to  pronounce  upon  the  utility  of  international  conventions  upon 
the  subject,  the  Bureau  was  called  upon  to  institute  inquiries 
upon  the  length  of  the  workday  and  the  effects  realized  by  its 
reduction  among  different  peoples. 

With  regard  to  home  labor,  the  sections  were  urged  to  request 
measures  of  their  governments  with  .the  aim  of  compelling  em- 
ployers to  register  home  workers  connected  with  their  industry 
and  to  give  precise  information  as  to  the  scale  of  wages  in  op- 
eration. Means  were  then  to  be  adopted  to  insure  wide  publicity 
to  such  information.  The  extension  of  labor  inspection  and  so- 
cial insurance  to  home  work,  the  vigorous  application  of  health 
regulations  to  unsanitary  conditions  in  which  such  labor 
might  be  found  to  occur,  the  effective  organization  whenever 
needed  of  professional  unions,  social  leagues  of  purchasers,  etc. 
— were  all  measures  recommended  by  the  resolutions  upon  the 
topic.  Further,  the  Bureau  was  charged  to  ascertain,  in  colla- 
boration with  a  subordinate  commission,  the  branches  and  the" 
conditions  in  each  country  of  industry  in  the  home  whose  prod- 
ucts entered  into  the  competition  of  the  world  market,  and  the 
divisions  of  such  industry  most  urgently  demanding  reform  in  re- 
spect of  excessive  length  of  the  workday,  especially  for  women 
and  children,  insufficient  wages,  periodic  unemployment,  and  the 
want  of  insurance  against  sickness. 

Upon  the  subject  of  industrial  poisons,  the  Office  was  urged 
to  facilitate  the  execution  of  the  measures  recommended  at  the 
third  assembly  of  the  Association,  and  to  have  the  sections  ap- 
point specialists  to  make  necessary  inquiries  and  prepare,  before 
Jan.  I,  1908,  reports  on  better  means  of  combatting  lead  poison- 
ing in  the  manufacture  and  use  of  lead  colors  both  in  the  ceramic 
and  polygraphic  industries.  These  reports  were  to  be  sent  to  the 
International  Office.  The  national  sections  were  further  urged 
to  report  before  March  i,  1908  on  the  prohibition  of  the  use  of 
lead  colors,  indicating  for  each  country  whether  the  interdiction 
had  been  pronounced  by  a  law  or  by  an  administrative  measure 
and  whether  it  applied  only  to  public  works  or  especially  to  pri- 
vate works,  and  also  the  consequences  of  such  prohibition  as  well 

SO 


INTERNATIONAL   LABOR   CONFERENCES 

as  the  results  which  had  been  attained  by  the  use  of  leadless  col- 
ors. The  Bureau  was  also  to  appoint  a  commission  of  three  ex- 
perts to  make  out,  from  the  lists  furnished  by  the  experts  whom 
the  sections  had  a])pointed,  a  final  list  of  the  more  important  in- 
dustrial poisons  classified  in  the  order  of  the  seriousness  of  the 
malady  they  caused.  This  was  in  execution  of  a  measure  re- 
solved at  the  assembly  two  years  before;  the  whole  question, 
aside  from  the  Bern  Conventions,  seemed  to  stand  just  about 
where  it  had  stood  then. 

The  hope  was  expressed  that  the  powers  not  adhering  to  the 
Bern  Convention  prohibiting  the  use  of  white  phosphorus  in  the 
match  industry  v^-ould  see  their  way  clear  to  do  so,  and  the  sec- 
tions were  charged  to  labor  with  all  their  might  for  such  prohi- 
bition. 

The  resolution  on  workmen's  insurance  stood  upon  the  prin- 
ciple of  the  equality  of  foreigners  and  nationals  before  the  law; 
the  Association  intimated  its  dependence  upon  the  reports  of  the 
sections  to  ascertain  to  what  degree  it  would  be  possible  to  real- 
ize this  equality  in  insurance  regulation  by  international  agree- 
ment. It  had  already  been  partially  realized  by  accident  insur- 
ance treaties  between  Luxemburg  and  Belgium  (April  15,  1905) ; 
France  and  Belgium  (Feb.  21,  1906)  ;  France  and  Italy  (June  9, 
1906)  ;  France  and  Luxemburg  (June  27,  1906)  ;  also  in  voluntary 
national  enactments;  e.g.,  those  of  the  German  Federal  Council 
under  dates  of  1901,  1905,  and  1906.  The  formation  of  inter- 
national treaties  and  conventions,  the  modification  of  existing  law 
and  the  passage  of  new  law,  were  advanced  as  possibilities  to  be 
duly  considered  and  striven  for  in  so  far  as  they  promoted  the 
application  of  this  principle:  for  its  realization  in  national  law 
would  be  a  step  toward  its  incorporation  into  international  law. 
Reports  were  to  be  made  by  the  sections  at  the  next  meeting  upon 
various  phases  of  the  subject. 

The  information  furnished  the  Association  by  the  different  na- 
tional sections  especially  w^ith  respect  to  the  enactment  and  exe- 
cution of  labor  law  in  pursuance  of  international  agreements, 
could,  under  the  skillful  manipulation  of  the  Bureau,  be  made 
to  partake  of  the  nature  of  a  sanction;  such  at  least  seemed  to 

51 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

be  the  hope  of  the  assembly.  The  Association  did  not  beUeve 
the  time  had  as  yet  come  to  launch  more  international  conven- 
tions ;  for,  not  only  had  those  just  signed  at  Bern  yet  to  be  fully 
tried  but  the  agitation  of  the  foregoing  problems  had  yet  to  be- 
come of  sufficient  extent  and  intensity  to  warrant  such  a  step. 
The  delegates  were  too  wise  to  forget  that  history  is  replete  with 
instances  where  through  ill  advised  haste  devotees  have  wrought 
the  ruin  of  some  noble  cause  they  sought  to  serve.  Besides,  the 
ground  needed  to  be  more  carefully  prepared,  the  questions  more 
thoroughly  analyzed,  the  whole  movement  more  genuinely  popu- 
larized, to  make  secure  and  safe  another  great  advance,  like  that 
of  the  Bern  Conventions,  toward  the  international  regulation  of 
industry  and  labor — a  consummation,  as  deemed  by  many  of  its 
advocates,  of  vital  import  not  only  to  national  industrial  peace, 
but  also  to  the  international  peace  of  the  world. 

Results  of  the  International  Price  Contest  Concerning  Lead 

Poisoning. 

Shortly  after  the  adjournment  of  this  assembly  occurred  the 
announcement  of  the  results  of  the  prize  contest  which  had  been 
inaugurated  by  virtue  of  the  contribution  by  anonymous 
philanthropists  of  25,000  francs  to  be  awarded  to  those  who 
should  produce  the  best  treatises  upon  the  subject  of  the  preven- 
tion and  suppression  of  plumbism.  Announcement  of  this  con- 
test had  been  made  by  the  commission  on  industrial  poisons  at 
the  third  meeting  of  the  Association  (1904),  and  the  conditions 
of  competition  had  been  published  June  10,  1905.  Altogether 
sixty-three  monographs  arrived  at  the  Office,  some  of  which 
proved  to  be  worthy  of  wide  circulation  and  made  valuable  con- 
tributions to  the  movement  for  overcoming  the  evils  resulting 
from  the  use  of  white  lead  and  its  compounds  in  industry.  The 
decision  of  the  judges  did  not  award  any  prize  to  two  works  OQ 
the  means  of  avoiding  poisoning  at  the  time  of  the  treatment  of 
mineral  of  lead  or  of  minerals  containing  lead.  It  was  proposed, 
however,  to  purchase  a  work  entitled,  Margensiunde  hat  Gold 
im  Munde.  Of  a  dozen  works  on  the  means  of  suppressing  the 
dangers  of  lead  in  lead  foundries,  two  were  awarded  prizes  which 
together  amounted  to  12,500  francs.     These  treatises  were  en- 

52 


INTERNATIONAL  LABOR  CONFERENCES 

titled.  IVo  ein  Wille  ist,  ist  auch  ein  II  eg,  and  L'Homme  n'est 
past  fait  pour  V Industrie,  mais  an  contrairc,  I'industrie  pour 
I'homme.  The  office  proposed  the  purchase  of  works  on  the 
subject  carrying  the  titles:  Gesundheit  ist  Reichtum,  and  Die 
Hygiene  sei  die  Freundin  des  Gewerbes.  No  prize  was  awarded 
to  any  of  a  dozen  works  on  means  of  avoiding  toxication  in  the 
chemical  use  of  lead  in  the  manufacture  of  lead  colors,  accumu- 
lators, ceruse,  and  in  similar  industries.  Two  works  entitled : 
Quod  felix  faustuni  fortunatumque  sit,  and  Die  Humanit'dt 
ein  zng  unseres  Hcrsens,  received  a  prize  of  937  francs  each, 
from  out  the  number  of  eight  or  ten  competitors,  all  of  whom 
treated  the  general  topic  of  preventing  lead  poisoning  in  the  in- 
dustries of  whitewashing,  painting,  varnishing,  etc.  A  prize  of 
1,250  francs  went  to  a  work  entitled,  Vae  soli,  and  two  other 
awards  of  937  francs  each,  to  two  essays  entitled  DiircJi  Nacht 
zuni  Licht,  and  Eile  mit  WeiJe.  These  last  three  prize  winners 
belonged  to  the  category  of  dissertations  which  treated  of  pre- 
ventive measures  in  establishments  employing  great  quantities  of 
lead  or  lead  composition ;  e.g.,  type  foundries.  Numerous  other 
contributions  were  proposed  for  purchase  or  given  honorable 
mention.  In  no  case  however,  did  the  International  Office  assume 
responsibility  for  the  suggestions  made  or  conclusions  reached  by 
the  authors;  it  did  proceed  to  give  publicity  to  such  of  their 
contributions  as  were  deemed  worthy  and  valuable. 

International  Congress  on  Unemployment.    Milan,  Oct.  1-2,  igo6. 

The  first  International  Congress  on  Unemployment,^*  held  at 
Milan,  Italy,  in  1906,  undertook,  as  its  main  task,  to  devise  means 
for  rendering  unemployment  less  acute,  without  attempting  to  do 
away  with  it  altogether;  and  therefore,  it  omitted  in  its  resolutions 
to  deal  with  the  primary  causes  of  unemployment,  and  went  on  to 
enumerate  the  most  important  factors  requisite  to  combat  the  evil, 
e.g. :  the  determination  of  standards  by  which  to  regulate  hours  of 
work,  wages,  and  contracts  of  labor;  the  more  equitable  distri- 
bution of  labor  within  different  groups;  greater  co-operation 
among  all  forms  of  labor;  and  the  application  of  the  doctrine 

"  E.  B.  I,  (4-8),  p.  322. 

53 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

of  intervention  by  state  and  local  authorities.  To  facilitate  such 
intervention,  recommendations  were  made  to  require  of  all  in- 
dustries a  periodic,  statistical  report  of  work  and  unemployment; 
to  establish  an  international  employment  bureau  and  free  public 
employment  agencies  in  every  center  of  population;  to  provide 
either  optional  or  compulsory  insurance  against  unemployment, 
supported  by  contributions  from  the  State,  employers,  and  work- 
men ;  to  accord  to  labor  ready  access  to  credit,  particularly  for  the 
co-operative  acquisition  of  land;  and  to  furnish,  through  local 
branches  of  the  government,  subsidies  to  employment  bureaus  es- 
tablished by  workers.  Of  these  resolutions,  the  one  touching 
upon  an  international  employment  bureau  was  without  doubt 
most  worthy  of  immediate  consideration  and  potentially  capable 
of  most  far-reaching  and  helpful  results.  The  scientific  adjust- 
ment of  the  supply  and  demand  of  the  labor  market  predicates  im- 
mediate relief  for  all  parties  concerned;  i.e.,  the  State  overcharged 
with  labor,  employers  undersupplied,  and  workingmen  unem- 
ployed. An  International  Association  on  Unemployment  was 
organized  in  1910. 

Eleventh  International  Conference  on  the  Weekly  Day  df  Rest. 
Milan,  Oct.  2p-ji,  jpo6. 

Another  international  assembly  followed  close  upon  the  heels 
of  the  Congress  on  Unemployment.  This  Conference  concerned 
itself  with  the  topic  of  weekly -cessation  of  toil,  laying  down,  as 
of  general  obligation,  the  observance  of  Sunday  as  a  day  of 
rest."  This  would  include  Sunday  rest  for  newspaper  employees, 
and  fifty-two  days  of  rest  annually,  falling  on  Sunday  as  often 
as  possible,  for  post-office  employees.  For  countries  where  such 
regulations  do  not  exist,  the  following  reforms  were  recom- 
mended: only  one  postal  delivery  on  Sunday,  excepting  express 
deliveries;  non-delivery  of  postal,  collection,  and  payment  in- 
structions, legal  documents,  and  bankruptcy  notices,  and  postal 
packets  (notification  to  be  given  consignees  of  the  arrival  of 
packets  containing  perishable  goods  or  marked  for  immediate 
delivery,  leaving  it  for  them  to  call  for  such  within  prescribed 

i*£.  B.  I,  (9-12)  pp.  604-605;  612-615. 

54 


INTERNATIONAL  LABOR  CONFERENCES 

post-office  hours)  ;  and  limitation  of  the  opening  of  post  offices  on 
Sunday  to  two  hours,  preferably  in  the  forenoon. 

For  telegraph,  telephone  and  customs  service,  the  resolutions 
stipulated  a  rest  of  sixty-five  days  per  year  for  the  staff,  includ- 
ing thirty-nine  Sundays  or  single  days  plus  two  vacations  of 
thirteen  consecutive  days  each;  an  international  agreement  per- 
mitting the  sending  of  telegrams  on  Sunday  only  in  special  cases, 
with  rates  for  either  telegraphic  or  telephonic  messages  on  that 
day  made  twice  as  high  as  on  other  days;  and  for  occupiers  of 
small  offices,  a  salary  sufficient  to  enable  them  to  hire  substitutes 
for  a  certain  number  of  Sundays  per  year;  and  the  adoption, 
for  employees  in  general,  of  the  principle  of  at  least  fifty-tv.o 
free  days  annually,  one-half  of  which  fall  on  Sunday. 

With  reference  to  railway  and  merchant  service,  the  last  men- 
tioned principle  was  advocated  under  the  condition  that  single 
days  of  dominical  rest  would  at  least  be  made  as  numerous  as 
possible.  As  a  means  to  Sunday  rest,  the  authorities  concerned 
in  the  different  countries  were  invited  to  decree  the  closing  of 
freight  stations  except  for  the  delivery  of  live  animals ;  the  limi- 
tation of  the  number  of  freight  trains  to  the  necessary  minimum 
and  their  operation  only  in  pursuance  of  great  pressure  of  traf- 
fic; no  obligation  on  the  part  of  transportation  officials  to  deliver 
shipments  (the  consignees  being  notified  and  privileged  to  call 
for  such  consignments,  especially  if  of  perishable  nature)  ;  the 
abrogation  of  all  claims  for  non-delivery  of  goods  on  Sunday; 
the  governmental  designation  of  holidays  to  be  reckoned  in  lieu 
of  Sundays ;  the  discontinuance  of  labor  pertaining  to  workshop", 
street  repairs,  the  construction  of  large  tunnels,  and  other  build- 
ing operations,  except  in  cases  of  emergency ;  the  extension  of 
the  benefits  of  holidays,  in  so  far  as  possible,  to  employees  of  the 
merchant  service  as  well  as  to  dock  and  harbor  hands,  even  if 
ships  are  in  port  and  suspension  of  their  unloading  is  thereby 
necessitated. 

One  of  the  resolutions  also  called  for  Sunday  rest  in  the  army 
and  navy  to  the  degree  that  circumstances  would  permit,  pa- 
rades being  scheduled  for  other  days. 

The  Conference  did  not  wish  to  be  understood  as  limiting  in 
any  degree  the  general  obligation  of  Sunday  rest,  although  it  der^lt 

55 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

with  the  subject  from  the  industrial  standpoint  particularly;  but 
instead  of  thereby  implying  that  its  observance  was  to  be  made 
co-terminous  with  the  limits  of  industry  or  manual  labor  merely, 
it  rather  emphasized  that  such  rest  constituted  an  obligation  co- 
extensive with  every  class  and  order  of  society ;  at  the  same  time, 
it  did  not  fail  to  recognize  that  beyond  this  obligation  were 
duties  within  which  justifiable  exceptions  fell;  to  illustrate: 
in  some  instances  Sunday  rest  might  be  impossible  where  weekly 
rest  would  be  possible ;  e.g.,  on  Saturday ;  in  such  case,  next  to  the 
obligation  of  providing  Sunday  rest  would  come  the  duty  of  pro- 
viding for  weekly  Saturday  rest,  which,  while  constituting  an 
exception  to  the  principle  of  dominical  rest,  would  nevertheless 
be  the  next  best  thing  to  it,  if  not  equally  salutary;  it  was  frankly 
recognized,  however,  that  circumstances  were  bound  to  exist 
which  would  preclude  any  solution  of  this  character,  and  would 
thus  make  necessary  the  invention  of  other  equivalents  of  heb- 
domadal rest. 

Third  International  Congress  on  the  Cultivation  of  Rice.    Pavia, 
Oct.  2j-2g,  ipo6. 

At  Pavia,  Italy,  at  almost  the  same  time,  the  Third  Interna- 
tional Congress  on  the  Cultivation  of  Rice  included  in  its  reso- 
lutions the  decision  that  joint  committees  representing  capital 
and  labor  were  necessary  for  the  settlement  of  inevitable  indus- 
trial conflicts.  ^^ 

Second  International  Peace  Conference  at  The  Hague,  August, 

1907 

In  the  course  of  the  following  year,  the  Portuguese  Delegation 
at  the  Second  International  Peace  Conference  at  The  Hague 
proposed  to  replace  Article  Sixteen  of  the  Hague  Conventions 
with  a  new  Article,  by  which,  among  other  things,  disputes  with 
respect  to  the  interpretation  or  application  of  international  labor 
agreements  would  in  all  cases  be  subject  to  compulsory  arbitra- 
tion as  a  last  resort ;  in  other  words,  such  agreements  would  be 

"  E.  B.  I,  (9-12)  p.  604, 

56 


INTERNATIONAL  LABOR  CONFERENCES 

outside  the  purview  of  that  section  (Section  i6A,  of  proposed 
article  replacing  Article  i6)  which  in  reality  made  each  nation 
the  final  judge  of  what  it  would  submit  to  arbitration,  and  which 
read  as  follows :  "...  it  is  the  exclusive  function  of  each  con 
tracting  power  to  determine  whether  any  difference  which  has 
arisen  affects  their  essential  interests  or  their  independence  and 
accordingly,  whether  such  dispute  is  of  such  a  nature  that  it  is 
excluded  from  arbitration."  ^^  The  proposal  of  the  Delegation 
was  not,  adopted. 

As  long  as  nations  reserve  the  right  on  every  question  to  de- 
termine whether  or  not  it  so  affects  their  national  interest  or 
honor  as  to  preclude  its  arbitration,  the  way  is  clear  for  them 
to  find  in  every  dispute  elements  that  waive  the  obligation  of 
arbitration;  for  there  can  be  no  difference  of  opinion  important 
enough  to  make  arbitration  desirable  that  cannot  be  construed  by 
one  of  the  parties  as  a  menace  to  its  national  interests  or  inde- 
pendence if  it  has  the  inclination  to  do  so.^^  But  unlike  disputa- 
tions in  thi  realrrt  of  politics,  labor  contentions  are  not  apt  to  be 
of  a  character  intrinsically  involving  fine  points  of  national 
honor.  An  agreement  between  nations  to  submit,  when  all 
other  peaceable  attempts  fail,  differences  arising  out  of  labor  con- 
ventions to  compulsory  arbitration,  would  certainly  be  a  notable 
step  in  advancti'.  The  arbitration  would  be  rendered  compulsory 
by  the  species  of  the  agreement  in  dispute.  Should  an  award  of 
a  tribunal  on  such  a  question  be  found  to  consign  a  nation  to 
extinction,  is  it  not  reasonable  to  suppose  that  the  victim  would 
still  find  just  as  great  opportunity  to  undertake  means  for  self- 
preservation  as  would  have  been  the  case  had  it  not  submitted  the 
matter  to  arbitration  in  the  first  place? 

Fifth  Delegates'  Meeting.     Lucerne,  Sept.   28-^0,   ipo8. 

The  Fifth  Delegate^  Meeting  of  the  International  Association 
for  Labor  Legislation  was  held  at  Lucerne.  Its  discussions  con- 
tinued and  enlarged  upon  those  of  the  previous  meeting.  The  fact 

19 £.  B.  II,  (3),  p.  428.  (See  Scott.  The  Hague  Peace  Conferences,  I. 
pp.  337,  349,  385. 

17  See  J.  B.  Moore,  "The  Peace  Problem,"  TJic  Columbia  Univcrrity 
Quarterly,  Vol.  XVIII,  No.  3,  June,  1916,  pp.  222-223. 

57 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

that  its  deliberations  dwelt  upon  the  prohibition  of  the  night- 
work  of  young  persons  and  the  limitation  of  the  day-work  of 
women  is  significant  since  these  principles  were  in  a  few  years 
(1913)  to  form  the  basis  of  outlines  for  new  international  con- 
ventions, A  new  topic  specifically  introduced  was  that  of  recom- 
mending and  defining  an  eight-hour  shift  for  workmen  in  coal 
mines.  The  succeeding  assembly  in  1910  dealt  with  the  same 
matter  and  defined  the  length  of  such  a  shift  as  extending  from 
the  time  when  the  first  man  left  the  surface  to  descend  into  the 
mine  until  the  time  when  the  first  man  completed  his  return  to  the 
surface  at  the  conclusion  of  a  day's  work. 

The  resolutions  drawn  up  at  the  previous  meeting  in  1906 
on  home-work  were  reaffirmed.  The  wretched  conditions  en- 
vironing that  work  were  attributed  chiefly  to  the  insufficient 
wages  paid,  and  it  was  decided  to  study  the  question  of  the  or- 
ganization of  committees  on  minimum  wages  or  wages  boards 
to  solve  the  difficulty.  The  question  of  international  negotiations 
with  reference  to  the  regulation  of  labor  in  the  embroidery  trade 
was  also  considered,  as  were  the  problems  of  suppressing  the  use 
of  lead  paint  in  interior  finish  and  restricting  the  employment  of 
lead  glazes  in  the  ceramic  industry.  Other  matters  that  were 
discussed  included  the  protection  of  workers  in  polygraphic 
trades  and  in  caissons,  the  preparation  of  the  list  of  industrial 
poisons,  and  the  treatment  of  foreigners  in  case  of  accident.  The 
resolutions  on  these  subjects,  on  that  of  child  labor  and  other 
topics,  were  confirmed  in  subsequent  assemblies,  whose  resolu- 
tions summed  up  all  of  importance  included  in  those  of  this  as- 
sembly, added  thereto  and  conduced  to  more  practical  results. 

Between  the  years  1907-1909,  the  international  movement 
seemed  to  lag.  In  the  year  1906  it  had  reached  a  high- water  mark, 
but  thereafter  practical  results  failed  to  follow  in  as  rapid  succes- 
sion. Even  the  English  Bulletin  of  the  International  Labor  Office 
seemed  to  shrink.  Signatories  of  the  Bern  Conventions  were 
tardy  in  ratifying  them.  No  important  labor  treaty  was 
signed  in  the  year  1908.  By  1910  however,  it  had  become 
evident  that  the  Bern  Conventions  were  going  to  be  a  success; 
and  all  phases  of  the  movement  received  a  vigorous  treatment 
at  the  Sixth  Delegates'  Meeting  held  at  Lugano  in  that  year. 

58 


INTERNATIONAL  LABOR  CONFERENCES 

Sixth  Delegates'  Meeting.     Lugano,  Sept.   26-2S,   IQIO. 

Sixteen  sections  and  thirteen  States  were  represented,  mak- 
ing an  attendance  of  about  one  hundred  and  twenty  persons.  The 
delegates  of  the  American  Section  were  Dr.  and  Mrs.  John  B. 
Andrews,  Prof.  Farnam,  Dr.  L.  K.  Frankel,  and  Dr.  Helen  L. 
Sumner.  Commissioner  Charles  P.  Neill  represented  the  Federal 
Government.  From  Canada  there  was  present  Hon.  W.  L. 
Mackenzie  King,  Minister  of  Labor. 

The  constitutions  of  two  new  sections  in  Sweden  and  Norway 
respectively  were  approved. 

The  usual  procedure  of  separating  into  committees  for  the 
consideration  of  special  topics  was  followed.  The  discussion  of 
subjects  introduced  in  former  assemblies,  related  in  part  to  in- 
dustrial poisons,  home  work,  the  maximum  workday,  the  prin- 
ciple of  the  equal  treatment  of  foreigners  and  citizens  in  respect 
of  social  insurance,  the  methods  of  administering  labor  law, 
and  child  labor.  Detailed  codes  regulating  the  hygienic  condi- 
tions of  work  in  ceramic  industries,  printing  shops  and  type  foun- 
dries and  in  caisson  work,  were  adopted,  together  with  resolu- 
tions advocating  wage  boards  regulative  of  home  work  and 
similar  to  these  provided  by  the  British  Act  of  1910.  The  trade 
of  machine-made  embroidery  where  carried  on  as  a  home  indus- 
try, received  special  attention  in  matters  pertaining  to  the  regu- 
lation of  working  hours.  The  most  important  steps  taken  re- 
lated to  measures  for  incorporating  into  international  conven- 
tions the  prohibition  of  night-work  of  young  persons  and  n 
universal  ten-hour  standard  by  which  to  delimit  their  day  work 
as  well  as  that  of  women.  A  Conference  to  this  end  met  in 
1913.  The  American  section  was  urged  not  to  abate  its  efforts 
among  the  various  states  to  bring  about  the  passage  of  health 
and  accident  insurance  laws  without  the  discrimination  against 
alien  workers  that  had  unfortunately  occurred  in  several  States. 
The  International  Office  presented  proofsheets  of  its  first  com- 
parative report  on  measures  adopted  in  European  countries  to  en- 
force labor  law.  As  for  statutes  on  child  labor,  a  commission  was 
appointed  to  prepare  a  report  on  the  comparative  methods  of 
executing  the  same  in  the  several  countries. 

59 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

Topics  newly  introduced  for  consideration  included  labor  holi- 
days, the  protection  of  railway  employees  and  the  prevention  of 
accidents,  and  co-operation  with  the  International  Association 
on  Unemployment  and  the  Permanent  Committee  on  Social  In- 
surance. The  question  of  the  reduction  of  the  usual  twelve- 
hour  day  in  continuous  processes  was  made  a  subject  for  special 
investigation.  At  the  next  Delegates'  Meeting  in  1912,  recom- 
mendations on  the  matter  were  precise  and  definite  as  the  result 
of  a  conference  that  had  been  held  shortly  before  (June,  1912)  in 
London  by  the  commission  appointed  to  investigate  the  subject. 
Mr.  John  Fitch  was  the  American  delegate  at  that  conference. 

Inasmuch  as  divers  operate  in  foreign  waters  and  on  ships  of 
foreign  nations,  their  trade  also  was  deemed  a  proper  one  for 
international  regulation.  Investigation  of  this  possibility  was 
provided  for;  but  up  to  the  time  of  the  next  meeting  (1912), 
little  progress  had  been  made  in  the  matter. 

The  national  sections  were  to  press  the  prohibition  of  the  use 
of  lead  paint  and  colors  in  interior  work.  One  consequence  of 
this  was  that  later  the  Swiss  Federal  Council  was  invited  to 
issue  a  decree  prohibiting  the  use  of  lead  colors  in  such  work, 
and  also  the  regulation  that  in  commerce  all  such  colors  should 
be  plainly  marked,  "poisonous,  containing  lead."  ^^  The  Council 
was  further  recommended  to  consider,  in  any  regulations  issued 
for  the  prevention  of  occupational  diseases,  the  principles  drawn 
up  by  the  Association  for  the  regulation  of  hygienic  conditions 
in  the  ceramic  industry,  type  foundries,  printing  works  and  work 
in  caissons.  While  the  Association  had  not  thought  that  caisson 
work  was  a  vocation  sufficiently  affected  by  international  compe- 
tition to  render  it  a  proper  subject  for  International  agreement, 
it  had  nevertheless  drawn  up  a  series  of  regulations  on  the  sub- 
ject, of  which  it  urged  the  adoption  by  individual  States.  The 
Council's  reply  was  slightly  tart,  though  not  ungracious.  It 
characterized  efforts  of  this  nature  as  meriting  full  recognition, 
and  conducive  to  steady  improvement  of  conditions  in  general; 
but  it  declared  that  international  rivalry  in  the  domain  of  the 
several  measures  recommended,  was  hardly  important  enough  to 
give  rise  to  international  conventions.    Then  it  reviewed  various 

18  E.  B.  VI,  (2)  pp.  217-219. 

60 


INTERNATIONAL  LABOR  CONFERENCES 

Swiss  regulations  in  prevention  of  occupational  diseases,  not  ig- 
noring defects  but  at  the  same  time  making  obvious  the  marked 
improvement  of  conditions  in  Switzerland,  and  observing  a  trifle 
sarcastically  mayhap,  that  the  more  unfavorable  conditions  in 
other  countries  were  hardly  to  be  considered  a  fair  criterion  of  the 
situation  in  Switzerland.  The  Council  tersely  afifirmed  that  suffi- 
cient evidence  had  not  as  yet  been  adduced  to  prove  the  necessity 
of  abolishing  the  use  of  lead  colors. 

Seventh  Delegates'  Meeting.     Zurich,  Sept.  10-12,  igi2. 

The  resolutions  of  the  Seventh  Delegates'  Meeting  at  Zurich 
covered  twenty-eight  topics.  Among  the  first  of  these  was  an  ex- 
pression* of  welcome  to  a  section  newly  founded  in  Finland,  and 
approval  of  its  constitution.  The  Bureau  of  the  Association  was 
instructed  to  co-operate  with  the  two  International  Associations 
on  Unemployment  and  Social  Insurance  respectively,  and  with 
the  Bureau  of  the  International  Home  Work  Congress  in  promot- 
ing social  reform.  It  is  interesting  to  note  that  within  September 
of  this  year  the  four  International  Associations  convened  at  Zu- 
rich within  a  short  time  of  one  another  and  thus  gave  rise  to  what 
was  known  as  "social  week,"  (Sept.  6-12).  Thanks  were  tendered 
by  the  Seventh  Delegates'  Meeting  to  the  Spanish  Government 
for  having  prohibited  the  night- work  of  women;  also,  to  the 
Swiss  Department  of  Industry  for  its  intention  to  recommend 
to  the  Swiss  Federal  Council  the  convocation  of  a  second  inter- 
national conference  on  labor  legislation  (which  met  in  1913)  ; 
to  the  Federal  Government  of  the  United  States  for  prohibiting 
the  importation  and  exportation  of  poisonous  phosphorus  matches 
and  imposing  a  prohibitive  tax;  to  the  Government  of  Mexico 
for  similar  action ;  to  the  Governments  of  New  Zealand  and  the 
Union  of  South  Africa  for  adhering  to  the  Bern  Convention 
prohibiting  the  use  of  white  phosphorus  in  the  manufacture  of 
matches ;  to  the  Hungarian  Government  for  the  enactment  of  the 
same  prohibition;  and  to  the  authors  of  the  official  list  of  in- 
dustrial poisons,  so  long  (since  1904)  the  object  of  earnest  desire, 
now  completed  and  published  in  English,  French,  Italian,  and 
Finnish.  Plans  were  made  for  the  appointment  by  the  various 
governments  of  an  international  commission  of  statistical  experts 

61 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

to  elaborate  the  principle  to  be  followed  by  the  States  in  issuing 
their  statistics  and  reports  on  labor  legislation  so  as  to  make 
possible  the  publication  every  four  years  of  a  comparative  report 
on  the  administration  of  labor  law.  The  introduction  in  all  in- 
dustrial countries  of  the  principle  of  the  Saturday  half-holiday, 
as  a  prerequisite  to  real  Sunday  rest,  received  emphatic  endorse- 
ment. The  delegates  desired  that  for  women  workers  and  young 
persons  it  should  be  made  the  subjct  of  an  international  con- 
vention, and  the  subcommission  collaborating  on  the  principle 
of  the  maximum  ten-hour  workday,  was  instructed  to  consider 
this  proposition  as  well  and  to  report  at  the  next  associational 
meeting. 

Progress  in  the  suppression  of  the  use  of  lead  colors  in  paint- 
ing and  interior  decorating,  resulting  from  the  legislative  action 
of  several  States,  was  noted  with  satisfaction.  Further  investi- 
gation of  plumbism,  especially  in  the  polygraphic  and  ceramic 
industries,  was  contemplated  with  a  view  to  its  suppression,  and 
to  the  conclusion,  in  the  case  of  the  ceramic  business,  of  an  in- 
ternational convention  restricting  the  use  of  lead.  The  wide- 
spread recognition,  in  legislation  on  social  insurance,  of  the 
principle  of  the  equality  of  aliens  and  citizens,  so  faithfully  ad- 
vocated by  previous  conferences  and  now  adopted  by  the  legisla- 
tion of  many  lands,  including  states  of  the  American  Union,  and 
in  many  treaties,  also  proved  very  gratifying.  Other  principles 
favored  in  this  connection  were :  the  reduction  of  rates  of  insur- 
ance paid  to  foreigners  as  against  that  paid  to  citizens  in  pro- 
portion only  to  the  State's  contributions  to  the  insurance  fund; 
and  ultimately  the  preclusion  of  all  necessity  for  such  discrimina- 
tion by  the  conclusion  of  international  treaties;  the  settlement  of 
the  claims  of  insured  parties,  whether  principals  or  assigns,^^ 
whose  residence  is  outside  the  country  of  insurance,  by  the  pay- 
ment of  a  lump  sum  or  by  the  transfer  of  the  capital  value  of 
the  annuity  to  an  institution  of  the  recipient's  domicile;  and  the 
insurance  of  foreigners  even  in  case  of  only  temporary  sojourn 
within  the  country.  As  at  the  last  conference,  the  American  sec- 
tion was  urged  to  press  its  exertions  in  securing  in  the  various 

1^  In  this  volume  the  term  "assign"  is  used  to  connote  the  "depen- 
dents," "survivors"  or  "parties  entitled"  of  an  insurec. 

62 


INTERNATIONAL  LABOR  CONFERENCES 

states  of  the  Union  suitable  insurance  laws  against  sickness  and 
accident,  not  discriminating  against  foreign  labor. 

Further  modes  of  procedure  were  defined  in  detail  to  subserve 
many  other  desirable  ends  among  which  may  be  mentioned:  the 
eight-hour  shift  in  continuous  industry  and  the  realization  of  the 
same,  especially  in  steel  works,  through  an  international  conven- 
tion; the  limitation,  by  the  same  means,  of  work  in  glass  fac- 
tories to  fifty-six  hours  per  week  on  an  average ;  investigations 
relative  to  a  hygienic  working  day  in  dangerous  and  unhealthy 
trades;  the  better  protection  of  the  interests  of  railroad  em- 
ployees, dock  workers,  miners,  tunnel  constructors,  quarrymen, 
etc.,  on  an  international  basis;  the  abolition  of  the  custom  of 
exacting  fines  through  deductions  in  wages  as  well  as  of  the 
system  of  paying  in  kind  or  through  tickets  convertible  at  the 
employer's  store,  commonly  known  as  "trucking";  the  establish- 
ment of  the  principle  of  the  refund  of  compulsory  contributions 
made  to  pension  or  thrift  funds,  in  case  of  the  laborer's  with- 
drawal from  the  engagement  that  entitled  to  such  benefits;  the 
alleviation,  especially  through  effective  administration  of  mini- 
mum rates  by  wage  boards,  of  the  unsatisfactory  lot  of  the  home 
worker;  the  suppression  among  workers  of  ankylostomiasis,  an- 
thrax, and  mercurial  poisoning;  proper  precautions  in  handling 
f errosilicon ;  the  study  of  the  best  methods  of  compiling  mor- 
bidity and  mortality  statistics  in  different  countries  so  as  to  arrive 
at  a  basis  upon  which  to  publish  uniform  international  statistics 
of  mortality  by  trades ;  the  regulation  of  home  work  in  the  manu- 
facture of  Swiss  embroidery  and  the  suppression  of  evils  result- 
ing from  the  invention  and  continuous  operation  of  automatic 
embroidery  machines  in  factories  of  Germany,  Austria,  Switzer- 
land, France,  the  United  States,  Italy,  and  Russia.  These  ma- 
chines had  been  more  widely  put  into  operation  since  the  last 
Delegates'  Meeting  and  had  injected  a  new  factor  into  the  cm- 
broidery  problem. 

Of  the  above,  the  subjects  newly  introduced  as  separate  topics 
in  the  Association's  program  were:  the  Saturday  half-holiday; 
the  protection  of  dock  workers ;  the  truck  system  and  deductions 
from  wages;  international  statistics  of  morbidity  and  mortality 
among  working  classes;  the  handling  of  f errosilicon ;  and  the 

63 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

international  prevention  of  anthrax  amongst  industrial  workers 
and  of  mercurial  poisoning  in  fur-cutting  and  hat-making 

The  next  Meeting  of  the  Association  was  scheduled  for  Bern 
in  1914,  a  meeting  which  failed  to  anticipate  the  war  and  which, 
it  is  therefore  not  surprising  to  remark,  was  never  held. 

Conference  of  Bern.     Sept.  jj,  1913- 

A  special  Conference  at  Bern  preparatory  to  the  creation  of  a 
new  series  of  international  conventions,  held  session  in  the  fall 
of  1913.  These  draft  conventions  were  never  approved  due  to 
the  war.*  The  deliberations  of  the  meeting  receive  attention  in 
the  following  chapter,  entitled,  "Conventions  Signed  at  Bern." 

*At  the  first  general  meeting  of  the  International  High  Commission  of 
Pan  American  States,  held  at  Buenos  Aires,  April  3-12,  1916,  one  of  the 
topics  discussed  was  that  of  internatonal  agreements  on  uniform  labor  leg- 
islation. See  House  Document  No.  1788,  pp.  5-6,  23-24,  64th  Congress, 
2nd  Session.    Report  of  the  International  High  Commission. 

See  Appendix  II,  Exhibit  25. 


INTERNATIONAL  LABOR  CONFERENCES 


MEMBERSHIP 

National  Sections  of  the  International  Association 
{Publication  of  the  Association,  No.  8,  p.  12'j') 


Section 

1901 

1902 

1904 

1906 

1908 

1910 

1912 

I. 

German 

673 

980 

1,331 

1,635 

1,695 

1,727 

1,586- 

2. 

Austrian 

182 

252 

251 

294 

247 

242 

230 

3. 

Belgian 

66 

74 

77 

78 

78 

72 

72 

4. 

Danish 

97 

147 

143 

140 

5- 

Spanish 

66 

103 

99 

154 

6. 

American 

140 

272 

1,000 

2,500 

7. 

Finnish 

III 

8. 

French 

113 

134 

290 

450 

466 

515 

570 

9. 

British 

^7 

117 

205 

298 

10. 

Hungarian 

70 

332 

335 

241 

192 

201 

233 

II. 

Italian 

71 

80 

80 

120 

120 

172 

104 

12. 

Norwegian 

81 

146 

13- 

Dutch 

175 

178 

183 

193 

200 

163 

161 

14. 

Swedish 

170 

173 

15- 

Swiss 

238 

243 

476 

444 

596 

573 

507 

Dir 

ect  Members 

20 

45 

57 

27 

27 

31 

26 

Total  1,608    2,318   3,080    3,852    4,260    5,394    7,011 

*  The  membership  of  the  German  Section  was  calculated  on  a  diflFcr- 
nt  basis  for  1912  and  is  therefore  not  comparable  with  earlier  years. 


65 


CHAPTER  IV 

Pro  et  Contra. 

Objections. 

The  movement  for  the  international  protection  of  labor  has 
had  its  full  share  of  detractors.  It  is  enlightening  as  well  as  fair 
to  consider  the  full  weight  of  the  objections  they  raise. 

To  Regulate  Relations  Between  Capital  and  Labor  is  not  Within 
the  Province  of  the  State. 

On  loth  May,  1881,  the  Swiss  Federal  Council  proposed  to 
several  European  States  that  negotiations  be  undertaken  for  the 
creation  of  international  legislation  on  factories.  France  replied 
that  it  was  not  within  the  province  of  the  State  to  interfere  with 
contracts  between  employers  and  employees,  either  nationally 
or  internationally,  unless  possibly  in  cases  of  extreme  necessity.* 

Opposition  of  Employers. 

Employers  find  in  factory  restrictions  favoring  labor  many 
distasteful  features.  In  world  markets  they  are  obliged  to  com- 
pete with  goods  produced  by  the  cheap  labor  of  industry  that  is 
unhampered  by  restrictive  labor  law.  If  forced  to  limit  pro- 
duction, as  a  result  of  the  non-employment  of  women  at  night, 
or  by  reducing  the  length  of  the  workday,  etc.,  they  fall  behind 
in  the  industrial  race ;  their  business,  in  which  they  have  invested 
their  capital  and  maybe  the  best  part  of  their  lives,  suffers  de- 
pression or  fails,  while  the  laborers  themselves  suffer  by  being 
deprived  of  their  means  of  subsistence. 

Opposition  of  Laborers. 

Thus  the  laboring  class  may  see  in  international  regulation  a 
menace  to  its  own  prosperity.  Even  as  philanthropic  and  well- 
disposed  a  person  as  Dr.  Franck,*'""''  v/ho  thought  himself  in  favor 
of   the   international   movement,   recognized   the   unwisdom   of 

*See  p.    19. 
**  See  p.  20. 

66 


PRO  ET  CONTRA 

unduly  limiting  the  work  of  women  and  children,  who  should 
be  permitted  to  help  the  family  lay  in  store  against  the  rainy 
day  of  hard  times.  And  yet  the  first  international  convention 
signed  at  Bern  strikes  at  the  right  of  women  to  engage  in 
night-work,  and  pending  conventions  look  toward  the  ultimate 
limitation  of  their  day-work.  It  has  been  said  that  laborers 
prefer  to  live  badly  than  not  at  all ;  but  the  extension  of  prohi- 
bitions such  as  the  above  is  cutting  the  ground  of  livelihood  from 
right  under  their  feet.  When  workers  prefer  to  increase  the 
family  income  and  insure  better  standards  of  living  by  extra 
work,  is  it  not  shortsighted  and  unkind  procedure  to  deny  them 
the  privilege  ? 

Differences  in  Laboring  Peoples. 

Moreover,  is  it  to  be  expected  that  a  rule  applicable  to  alert 
workmen  of  the  temperate  zone  will  be  equally  applicable  to 
more  sluggish  and  easy-going  laborers  of  the  torrid  zone?  Are 
industries  in  Ceylon  to  undergo  the  same  regulations  as  indus- 
tries in  Iceland,  as  international  regulation  would  seem  to  predi 
icate?  Do  not  children  of  one  land  mature  much  less  quickly 
than  those  of  another,  and  may  not  laws  suitable  in  one  case  be 
wholly  inapplicable  in*  the  other?  Measures  adapted  to  protect 
one  laboring  population  may  be  a  menace  if  applied  to  the  folk 
of  another  clime. 

Dissimilarity  in  Geographic  Environment. 

Climate  is  of  itself  a  well-nigh  insurmountable  obstacle  to 
any  uniform  regulation  of  industry  such  as  is  postulated  by  the 
international  protective  movement.  Why,  for  instance,  should 
night- work  be  prohibited  to  women  in  tropical  countries  where 
the  only  cool  period  in  twenty-four  hours  extends  from  sunset 
to  sunrise?  Each  country  must  be  left  to  draw  up  those  regu- 
lations best  adapted  to  its  geographic  conditions  without  trying 
to  adhere  to  any  uniform  statutes  decreed  for  all  countries  of 
the  world  alike.  Differences  In  soil,  mineral  resources,  supplies 
of  water  and  fuel,  seasonal  changes  with  their  effect  on  goods 
handled,  and  natural  conditions  in  general  make  for  such  dis- 
similarity in  manufacturing  processes  as  to  defy  the  realization 
of  uniformity  in  labor  regulation. 

67 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

Differing  Systems  of  Labor  Legislation. 

Different  States  have  by  a  long  and  slow  process  of  evolution 
built  up  systems  of  labor  legislation  and  administration  adapted 
to  their  peculiarities  of  situation,  geographic,  social,  and 
economic.  Is  it  reasonable  to  expect  a  State  to  overthrow  or 
supersede  such  a  system  by  the  adoption  of  some  international 
code  which  may  be  quite  suitable  to  some  other  country  or  group 
of  countries,  but  is  wholly  unadapted  to  its  own  industrial  or- 
ganization? Some  countries,  for  example  the  United  States, 
have  not  in  the  past  seemed  to  favor  uniformity  in  their  own 
internal  administration  of  labor  law;  if  this  remains  the  case, 
how  much  more  incongruous  is  the  attempt  at  uniformity  on 
an  international  scale? 

Constitutional  Dissimilitude. 

Differing  constitutional  systems  also  doom  the  attempt  at  inter- 
national protection  of  labor  to  ultimate  failure.  Labor  legisla- 
tion that  is  possible  under  an  autocratic  rule  may  be  quite  im- 
possible under  a  democratic  rule.  Moreover,  States  belonging 
to  the  same  category  according  to  the  classifications  of  political 
science  may  have  very  diverse  methods  of  administering  labor 
legislation.  Adhesion  to  the  Bern  Convention  prohibiting  night- 
work  for  women  may  present  no  particular  difficulty  to  the  Fed- 
eral Government  of  Switzerland;  but  how  is  the  Federal  Gov- 
ernment of  the  United  States  to  become  party  to  that  conven- 
tion and  remain  loyal  to  the  principle  of  leaving  the  regulation 
of  intra-state  industry  to  the  legislatures  of  the  individual  states 
of  the  Union? 

But  waiving  the  constitutional  difficulties,  a  country  with 
large  capital  and  well  established  industry  may  find  itself  able 
to  submit  to  limitations  imposed  by  protective  labor  law  that 
will  spell  absolute  ruin  to  the  industry  of  a  nation  with  little 
capital,  or  to  the  infant  industry  of  a  young  industrial  nation. 
In  the  weaker  country,  are  not  the  laboring  people  to  be  allowed, 
by  excessive  hours  of  work,  to  compensate  national  deficiency 
of  fiscal  resources,  or  lack  of  industrial  longevity?  If  the  less 
favored  country  becomes  subject  to  a  regulation  such  as  that 

68 


PRO  ET  CONTRA 

of  the  Bern  Convention  on  white  phosphorus,  it  may  be  forced 
to  substitute  a  more  expensive  substance;  and  consequently,  to 
make  up  for  the  extra  cost  of  production,  it  may  be  obhged  to 
increase  the  •hours  of  labor,  or  if  that  is  forbidden,  to  require 
faster  and  more  exhausting  w^ork  per  hour,  from  which  the 
employees  will  suffer  more  than  if  there  had  been  no  so-called 
protective  measure.  If  the  burden  is  not  thus  shifted  to  the 
laborer,  the  employer  must  lose,  until  possibly  the  industry 
ceases  to  pay  and  is  allowed  to  disappear  to  the  detriment  of 
every  class  concerned.  Thus  do  different  circumstances  con- 
ditioning production  in  the  several  countries  of  the  globe  militate 
against  the  advisability  of  international  agreements  making  for 
unformity  in  the  protecton  of  labor. 

Difficulties  of  Enforcing  the  Law 

But  even  if  countries  do  go  through  the  formalities  of  signing 
and  ratifying  labor  agreements,  who  is  to  superintend  or  guaran- 
tee their  faithful  execution?  The  difficulties  which  immediately 
arise  over  the  question  of  a  sanction  became  only  too  evident 
at  the  Diplomatic  Conference  of  Bern  in  1906.*  Imagine  the 
harmonious  co-operation  of  an  industrial  commission  of  English- 
men, Germans,  Italians  and  Austrians,  charged  with  supervising 
the  enforcement  of  law  in  various  countries !  How  could  such 
a  commission  avoid  the  transgression  of  national  sovereignty? 
If  the  enforcement  is  left  to  each  State,  who  is  to  know  whether 
they  will  enforce  the  law  or  not?  What  assurance  is  there  that 
the  large  State  will  not  yield  to  the  temptation  of  intermeddling 
with  the  affairs  of  the  small  State  under  pretext  of  checking  de- 
linquences  on  the  part  of  the  latter  in  the  observance  of  its 
pledges  ? 

Contradictory  Interpretations. 

For  an  example  of  the  differences  of  opinion  that  may  arise 
in  interpreting  a  treaty,  note  the  quibble  raised  by  certain  co- 
signatories to  the  Ccfrivention  prohibiting  the  use  of  white  phos- 
phorus over  the  question  as  to  whether  the  importation  of  sample 
matches  containing  that  substance  was  forbidden.** 

*  See  p.  122. 
**  See  p.  131. 

69 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

Source  of  Friction  and  War 

Thus  differences  in  interpretation,  laxity  in  execution,  mutual 
jealousy  and  suspicion,  would  constitute  an  interminable  source 
of  friction  which  might  even  ijnduce  war.  Such  possibilities 
constitute  their  own  commentary  upon  the  desirability  of  inter- 
national protective  labor  agreements.  .  .  .  And  thus  the  indict- 
ment of  the  objector  is  closed. 


If  these  difficulties  seem  to  loom  so  large  upon  the  horizon  of 
possibilities  now,  how  doubly  immense  must  they  have  seemed  to 
the  early  proponents  of  the  movement,  who  had  no  international 
labor  conventions  to  which  to  point  as  proof  positive  of  -the 
possibility  of  their  existence  and  the  success  of  their  operation. 
But  certain  arguments  of  the  objector  are  already  out  of  date. 
Such  certainly  is  the  asseveration  that  it  is  not  within  the  prov- 
ince of  the  State  to  intervene  between  capital  and  labor  in  the 
regulation  of  industry.  Indeed,  intervejntion  has  been  found 
absolutely  necessary  and  salutary  by  every  great  industrial  nation 
of  the  world. 

That  employers  have  found  fault  with  such  intervention  in 
many  instances  is  true,  but  their  objecting  has  been  much  more 
strenuous  in  the  national  domain  of  regulation  than  in  the  inter- 
national ;  and  so  much  the  more  have  they  been  subjected  to  State 
control  by  the  most  efficient  industrial  nations  of  the  world.  Ger- 
many was  an  example  of  such  efficiency  before  the  war.  Those 
who  are  familiar  with  the  history  of  industry  know  that  em- 
ployers, under  the  urge  of  competition  and  in  devotion  to  their 
own  profits,  have  been  careless  of  the  rights  of  labor,  and  to 
that  degree  has  the  field  of  industry  in  which  they  might  exercise 
their  own  free  will  been  constantly  narrowed  by  the  hands  of 
government.  It  may  be  human  nature  for  employers  to  object, 
but  that  is  far  from  proving  that  it  is  wise  or  humane  to  heed 
their  faultfinding.  However  innumerable  their  objections  may 
have  been,  it  is  safe  to 'say,  as  will  be  demonstrated  hereafter,  that 
from  the  standpoint  of  pure  self-interest,  employers  will  find 

70 


PRO  ET  CONTRA 

more  to  favor  in  the  international  control  of  labor  than  to  object 
to  in  national  regulation.  It  is  needless  to  add  that  unnumbered 
directors  of  industry  are  heartily  in  favor  of  protective  labor 
law  for  the  sake  of  industry  as  well  as  of  labor. 

As  for  the  opposition  of  labor  to  protective  measures,  it  is 
almost  non-existent.  For  half  a  century  labor  has  been  a  pro- 
pelling force  behind  the  protective  movement.  It  believes  in 
"protection  from  dangerous  machinery  and  occupational  dis- 
eases; the  abolition  of  child  labor;  the  regulation  of  the 
hours  of  labor  for  women  as  shall  safeguard  the  physical 
and  moral  health  of  the  community;  suppression  of  the  sweat- 
ing system;  reduction  of  the  hours  of  labor  to  the  lowest  prac- 
ticable point,  and  that  degree  of  leisure  for  all  which  is  the 
condition  of  the  highest  life;  a  release  from  employment  one  day 
in  seven;  a  living  wage  as  the  minimum  in  every  industry,  and 
the  highest  wage  that  each  industry  can  afford;  suitable  pro- 
vision for  the  old  age  of  workers  and  for  those  incapacitated  by 
injury  in  industry"  ;*  "the  lifting  of  the  crushing  burdens  of  the 
poor,  and  the  reduction  of  the  hardships  and  the  upholding  of 
the  dignity  of  labor."  The  mass  of  labor  is  not  to  be  hood- 
winked into  turning  traitor  to  its  own  interests.  The  resolutions 
(Appendix  II)  of  international  congresses  representative  of  labor 
of  all  parts  of  the  world  are  sufficient  proof  of  this. 

Wherein  International  Labor  Conventions  Have  Solved  Diffi- 
culties Presented  by  Differences  in  Race,  Geographical 
Conditions,  Constitutional  Systems,  Labor 
Legislation,  Relative  Strength  of 
States,  etc. 
A  false  assumption  of  the  opponents  of  the  movement  seems  to 
be  that  international  regulation  presupposes  absolute  uniformity 
of  regulation.     But  this  is  not  true.     It  makes  for  uniformity 
in  all  cases  lending  themselves  to  uniformity;  it  makes  for  legiti- 
mate exceptions  in  all  other  cases.     A  short  answer  to  the  list 
of  objections  cited  above  is  that,  in  spite  of  all  difficulties,  inter- 
national labor  conventions  have  been  applied  and  applied  suc- 

*  Resolutions  of  Religious  Organizations  cited  in  the  Supplement  to 
The  Typographical  Journal,  Oct.  1911,  pp.  23-30. 

71 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

cessfully  to  peoples  differing  in  race,  geographical  environment, 
government,  financial  resources,  and  labor  legislation.  These 
conventions  have  encountered  practically  all  the  ubiquitous  ob- 
stacles which  the  antagonists  of  the  movement  have  carried  in 
their  brief  cases  for  forty  years;  and  only  a  study  of  each  con- 
vention's provisions  will  reveal  why  it  has  survived. 

Consider  the  Bern  Convention  aiming  at  the  prohibition  of 
night-work  for  women.  It  has  conduced  to  the  repeal  of  old  or 
passage  of  new  law  among  the  leading  powers  of  the  world,  to 
say  nothing  of  dependencies ;  and  has  wrought  reform  and  made 
for  uniformity  that  never  before  existed.  But  we  have  been 
told  that  while  this  may  be  well  and  good  for  Europe,  how  un- 
conscionably brutal  would  be  its  application  to  the  females  of 
central  Africa  whom  perforce  it  would  compel  to  labor  in  the 
heat  of  the  day  rather  than  the  cool  of  night!  But  this  is  not 
the  case.  Should  the  night  or  some  portion  of  the  night  be  found 
to  be  the  more  healthful  time  for  toil  upon  the  equator,  the 
Convention  distinctly  leaves  a  way  open  whereby  that  can  be 
allowed;  provided,  of  course,  compensatory  rest  is  accorded 
during  the  day  (See  Art.  VII).*  Thus  does  it  prove  that  desir- 
able uniformity  in  the  matter  of  guaranteeing  rest  during  the 
night,  or  its  equivalent,  and  dissimilarity  of  geographic  condi- 
tions are  not  incompatible  yokefellows.  Its  adherents  now  reach 
from  the  tropical  islands  of  Fijii  and  Ceylon  to  Norway  in  the 
longitude  of  Iceland.  Moreover,  for  slow  and  sluggish  popula- 
tions or  native  works  that  cannot  be  practically  or  rightfully  sub- 
jected to  its  regulations,  ample  considerations  are  provided  since 
a  power  in  notifying  the  adhesion  of  a  colony  may  make  neces- 
sary reservations  (Art.  VI-VII).  For  industries  in  every  coun- 
try demanding  special  treatment,  due  exceptions  are  made,  as 
well  as  for  emergencies  or  necessities  in  every  industry  (Art. 
Ill,  IV,  VIII).  The  Convention  is  so  constructed  as  to  be 
reasonably  adaptable  to  every  clime  and  all  conditions,  and  yet 
to  secure  the  .desirable  aspects  of  the  reform  aimed  at. 

Differences  in  government  or  industrial  organization  have  not 
presented  any  impassable  barrier.  The  Bern  Conventions  have 
been  applied  by  autocracies,  monarchies,  and  republics  with  all 

♦Appendix  I,  Exhibit  3. 

72 


PRO  ET  CONTRA 

sorts  of  differing  labor  law.  The  relation  of  the  United  States 
is  peculiar.  After  the  Convention  banning  white  phosphorus 
had  been  adhered  to  by  other  leading  industrial  nations,  the 
American  Congress  was  constrained  to  introduce  prohibitions 
which  were  practically  equivalent.  Hindered  by  constitutional 
practises,  we  attempt  to  follow  a  worthy  example  as  best  we 
can;  but  to  continue  so  to  follow,  if  Ainerica  prefers  the  less 
honorable  (but  by  no  means  dishonorable)  course  of  following 
rather  than  leading,  some  changes  in  the  theory  and  practise  of 
American  labor  administration  must  occur.  The  movement  pre- 
sents a  problem  to  America  much  more  than  America  presents 
a  problem  to  the  movement. 

But  again  we  are  told  that  through  this  movement  the  weak 
State  may  be  forced  to  lock  arms  with  industrial  ruin.  Is  it  of 
no  significance  that  one  of  the  smallest  of  industrial  States  has 
been  the  leader  of  the  cause  ?  Small  countries,  weaker  financially 
and  industrially  than  their  more  powerful  contemporaries,  have 
not  found  in  the  Bern  Conventions  any  short  cut  to  industrial 
suicide.  Whether  small  or  great,  old  or  young,  a  country's 
powers  of  endurance  in  the  industrial  race  are  guaranteed  by  the. 
conservation  of  its  labor  force  even  to  the  third  and  fourth 
generation.  Real  patriotism  looks  beyond  the  present  moment. 
The  legacy  of  a  healthy  ancestry  constitutes  the  moral  right  of 
posterity.  Protection  of  labor  is  essential  to  national  perpetuity 
plus  industrial  vitality.  Experience  has  proved  that  healthy 
workmen  produce  more  and  better  goods  in  a  shorter  workday 
than  unhealthy  workmen  in  a  longer  day.  In  other  words,  con- 
servation of  human  resources  pays  capital  as  well  as  labor.  But 
should  protective  law  mean  an  inevitable  loss,  both  small  and 
large  States  can  much  better  afford  to  let  capital  foot  a  temporary 
loss  in  dollars  and  cents  than  to  let  labor  pay  the  price  by  the 
exhaustion  and  degeneration  of  its  women  and  children.  If,  how- 
ever, a  young  or  weak  industrial  nation  is  convinced  that  im- 
mediate adhesion  spells  ruin,  it  may  await  the  firmer  establish- 
ment of  its  institutions  without  arousing  suspicion ;  but  the  large 
or  old  industrial  State  that  refuses  to  adhere  may  with  greater 
reason  be  suspected  of  contemplating  temporary  profits  by  taking 
a  discreditable  advantage  in  the  world  market. 

7Z 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

As  for  the  assumption  that  international  labor  law  will  not  be 
enforced  if  enacted,  facts  again  belie  the  ill  prediction.  So  far 
as  time  has  permitted,  such  law  has  been  enforced  with  very 
slight  friction  or  laxity.  The  war  constituted  an  unavoidable 
interruption,  but  no  valid  argument  against  the  cause.  Even 
had  the  war  led  to  the  denunciation  of  all  the  labor  con- 
ventions or  treaties  ever  ratified,  they  had  lived  long  enough 
to  propagate  their  kind.  By  the  international  dissemination  of 
relevant  facts  about  the  labor  situation,  by  encouraging  the  com- 
parative study  of  protective  law,  and  by  stimulating  to  progress 
in  legislation  along  such  lines,  the  International  Association  for 
Labor  Legislation  with  its  Bulletins,  Office,  and  national  sections, 
had  proved  to  partake  of  the  elements  of  a  very  effective  sanction 
for  the  law  in  question.  Unlike  the  Permanent  Court  at  The 
Hague,  it  possessed  an  organization  that  lacked  the  official  title  of 
permanence  but  supplied  the  fact  instead.  Constantly  and  unin- 
terruptedly it  strove  for  the  realization  of  the  principles  for 
the  sake  of  which  it  was  created. 

Thus,  however  formidable  certain  objections  to  the  movement 
may  seem,  no  one  of  them  is  insurmountable;  and  in  a  vast  ma- 
jority of  cases  we  can  leave  them  to  encompass  their  own  undoing 
by  mere  self-exinanition.  The  fact,  however,  that  a  man  is 
killed  is  no, proof  that  his  opponent  ought  to  live,  although  the 
slaying  of  an  argument  does  tend  to  create  a  presumption  in  favor 
of  the  side  that  slays.  What  has  been  said  is  by  way  of  refu- 
tation; it  remains  to  adduce  constructive  argument  to  establish 
the  desirability  of  the  means  adopted  to  protect  labor  on  an  in- 
ternational basis. 

For  the  sake  of  definiteness,  we  limit  the  proposition  as  follows : 
Resolved,  That  international  conventions  constitute  ^he  best 
method  of  securing  certain  desirable  regulations  protective  of 
labor. 

I.  In  the  first  place,  the  affirmative  of  this  proposition  has 
been  proved  by  two  international  Conventions. 

A.  No  sane  person  familiar  with  the  disease  of  necrosis  of 
the  jawbone,  popularly  known  as  "phossy  jaw,"  will  deny  the 
indisputable  desirability  of  its  prevention.  Before  the  enactment 
of  the  Bern  Conventions,  "phossy  jaw"  was  a  prevalent  and  prac- 

74 


PRO  ET  CONTRA 

ticably  ineradicable  disease  directly  attributable  to  the  use  of 
white  (yellow) phosphorus  in  the  manufacture  of  matches.  It 
was  ineradicable  because  industry  insisted  upon  the  employment 
of  white  phosphorus  on  account  of  its  cheapness,  and  govern- 
ment gave  its  sanction  in  order  that  national  industry  might 
compete  successfully  with  other  industrial  nations  that  used  the 
substance,  among  which  were  Great  Britain,  the  United  States, 
Hungary,  Norway,  Italy,  etc.  Although  approximately  half  a 
dozen  States  had  passed  some  kind  of  law  prohibiting  or  restrict- 
ing the  use  of  the  substance,  other  attempt?  to  eliminate  it  had 
failed.  But  when  the  possibility  of  international  prohibition 
was  broached,  industry  and  governments  gave  respectful  atten- 
tion, and  co-operated  for  the  elimination  of  the  plague.  So 
powerful  did  the  movement  become  when  made  international,  in 
marked  contrast  to  its  feebleness  nationally,  thai  even  the  United 
States,  although  not  a  signatory  to  the  Convention,  nevertheless 
took  effective  steps  to  abolish  the  poison.  These  achievements 
alone  fully  vindicate  the  movement  and  prove  our  proposition. 

B.  The  Bern  Convention  prohibiting  the  night-work  of  women 
worked  reform  salutary  and  likewise  international  in  scope.  The 
various  national  measures  taken  to  limit  and  prohibit  such  work 
constitute  their  own  proof  of  the  widely  recognized  desirability 
of  such  protection.  The  unprecedented  success  with  which  the 
reform  met  when  it  was  expressed  in  the  terms  of  an  international 
convention,  is  again  convincing  proof  that  this  is  the  best  method 
which  has  ever  been  discovered  to  procure  the  most  effective 
application  of  certain  regulations  in  protection  of  labor.  In  proof 
of  the  assertion  we  cite  the  history  of  the  case  presented  in 
Chapters  III  (Part  I)  and  I  (Part  II),  and  also  the  arguments 
as  given  by  the  International  Labor  Office.  (App.  II,  Exhibit  24). 

II.  In  the  second  place,  there  still  exists  a  need  for  protective 
labor  laws  which  can  be  most  effectively  realized  only  through 
international  co-operation ;  e.  g.,  laws  establishing  the  principle  of 
release  from  employment  one  day  in  seven,  concerning  reciprocity 
of  treatment  of  foreign  workers  with  respect  to  insurance 
agreements,  concerning  the  migration  or  recruitment  of  alien 
labor,  protecting  employees  from  contracting  diseases  through 
handling  materials  such  as  white  lead,  etc.  For  brevity's  sake,  we 
will  confine  ourselves  to  the  desirability  of  an  international  con- 

75 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

vention  realizing  to  a  greater  extent  than  heretofore  the  last  of 
the  above-mentioned  reforms,  which,  once  established,  is  again 
sufficient  to  prove  our  proposition. 

A.  The  attempts  of  nations  to  prevent  industrial  disease  is 
proof  of  a  widespread  desire  for  such  reform.  To  verify  the 
statement,  there  need  only  be  reviewed  the  labor  legislation  of 
England,  France,  Germany,  Italy,  and  other  countries  and  the 
recommendations  of  the  Washington  Conference  of  1919.  The 
mass  of  facts  which  have  led  to  the  general  recognition  of  the  de- 
sirability of  laws  of  this  character  for  the  sake  of  the  physical  wel- 
fare of  workers,  we  believe  it  to  be  unnecessary  to  marshal  here. 

B.  The  fact  that  the  Washington  Conference  of  the  Interna- 
tional Labor  Organization  of  the  League  of  Nations  drew  up 
recommendations  upon  this  subject  wi^^h  a  view  to  effect  being 
given  them  by  national  legislation  or  otherwise,  goes  to  prove, 
aside  from  the  fact  of  the  deeply  felt  need  of  such  legislation,  that 
nations  believe  international  co-operation  to  be  the  best  and  most 
effective  means  by  which  to  consummate  such  reforms.  There 
are  various  grounds  which  show  their  belief  to  be  a  sound  one. 

1.  Governments  swayed  by  national  self-interest  are  not  prone 
to  expose  their  industries  to  the  hazard  of  falling  behind  in  the 
competition  of  international  markets  through  the  imposition  of 
restrictive  laws  which  competing  nations  do  not  adopt. 

2.  Employers  are  less  willing  to  risk  an  increase  in  the  cost  of 
production  by  the  adoption  of  protective  law  when  it  means 
either  a  loss  of  profits  or  an  increase  of  their  commodity's  selling 
price,  which  may  lose  for  them  their  relative  position  in  markets 
captured  by  business  of  other  countries  not  subject  to  equally 
stringent  labor  law.  Capital  may  forsake  and  ruin  industry  so 
handicapped. 

3.  Governments  and  employers  become  willing  to  submit  to 
the  restrictions  of  labor  law  to  whose  mutual  adoption  all  com- 
peting nations  have  agreed;  for  such  concurrent  action  tends  to 
leave  the  industry  of  each  country  in  the  same  relative  position 
in  world  markets  as  existed  before  the  law  was  imposed.  Viewed 
from  the  standpoint  of  national  industrial  prestige  and  employers' 
interests,  international  protective  law  has  a  distinguishing  ad- 
vantage over  national  labor  law. 

4.  Protective  laws  tend  to  allay  the  discontent  of  labor,  there- 

76 


PRO  ET  CONTRA 

by  preventing  strikes  disastrous  to  industry,  national  prosperity, 
and  often  to  the  laborers  themselves.  Indeed  international  con- 
ventions are  deemed  by  many  to  constitute  one  of  the  most  effec- 
tive remedies  for  civil  strife  between  capital  and  labor. 

5.  Moreover,  limitation  of  output  by  international  agreement 
is  an  antidote  for  overproduction  and  the  evils  which  reaction 
brings  in  its  train;  i.  e.,  the  closing  of  shops,  unemployment, 
paralysis  of  trade,  and  in  consequence  a  national  crisis. 

III.  In  the  third  place  international  law  for  labor  benefits  all 
parties  concerned. 

A.  The  laborer.  If  it  did  not  benefit  labor  it  would  not  be 
protective.  The  elimination  of  "phossy  jaw"  is  a  practical  illus- 
tration in  point. 

B.  The  employer.  Protection  means  a  healthier  working 
force,  which,  as  experience  has  proved,  can  produce  more  and 
better  goods  in  shorter  time,  tending  thus  to  compensate  for  any 
increased  cost  of  production  that  protective  law  may  involve. 
The  supply  of  labor  for  the  future  is  conserved  instead  of  de- 
stroyed or  enfeebled,  while  the  menace  of  strikes  is  diminished. 
These  among  other  things,  the  employer  stands  to  gain  without 
sacrificing  his  relative  position  in  the  world  market  as  has  beefi 
shown. 

C.  The  nation.  Industry  that  thrives  and  labor  that  is  pros- 
perous will  supply  to  a  nation  the  wherewithals  of  general  pros- 
perity, especially  if  that  nation  is  "rooted  and  grounded"  in 
industry. 

D.  The  world.  In  proportion  as  nations  progress  or  fail  to 
progress  in  the  fine  art  of  co-operation,  especially  if  it  be  for 
the  welfare  of  humanity,  in  that  proportion  will  they  hasten  or 
retard  the  dawn  of  universal  peace.  International  engagements 
for  the  regulation  of  labor  predicate  such  co-operation,  and  are 
therefore  directly  to  the  interest  and  advancement  of  world-wide 
peace.  This  is  what  Mr.  Sarrien  of  the  French  cabinet  had  in 
mind  in  1906  when  he  spoke  in  endorsement  of  the  movement.* 
Failure  to  enact  international  law  may  become  a  direct  menace  to 
every  party  above  mentioned  by  tending  to  discourage  protective 
law  in  well-disposed  nations  where  it  now  exists,  and  reviving 
international  competition  in  exploitation  of  women  and  degener- 
ation of  children. 

*See  p.  118. 

T/ 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

IV.  As  a  fourth  and  final  point,  we  may  advert  to  the  tact 
that  experience  has  proved  the  entire  practicability  of  the  kind 
of  \diVf  advocated.  If  any  doubter  presumes  still  to  demand  evi- 
dence in  support  of  this  assertion,  we  invite  him  to  recapitulate 
the  facts  we  endeavored  to  set  forth  in  the  rebuttal  that  preceded 
this  brief  outline  of  a  constructive  argument,  then  to  reread  the 
documents  signed  at  Bern  and  their  subsequent  history,  and 
finally  to  make  thorough  use  of  the  Bibliography. 


78 


CHAPTER  V. 

The  Relation  of  America. 

In  1910  three  things  stood  out  distinctly  in  the  general  regula- 
tion of  labor  conditions  in  Europe : 

(i)  A  clear  recognition  by  governments  of  the  need  of  pro- 
tection for  industrial  populations ; 

(2)  A  definite  and  well  organized  attempt  on  the  part  of  gov- 
ernments to  meet  that  need; 

(3)  International  co-operation  to  supplement  national  short- 
comings. 


I.  Now  Imagine  forty-eight  competing  industrial  countries  in 
that  same  year,  many  of  them  great  and  powerful,  but  fully  a 
generation  behind  Europe  in  initiating  the  protective  laws  needed 
by  their  working  classes,  where,  as  followers  of  the  vocation 
averred,  four  workmen  were  killed  in  mining  accidents  to  every 
miner  fatally  injured  in  Europe ;  ^  where  the  horrors  of  "phossy 
Jaw"  were  allowed  to  spread  in  the  midst  of  working  men  and 
women  without  statutes  to  eliminate  the  use  of  the  poisonous 
phosphorus  that  caused  the  disease;  where  methods  used  in  the 
making  of  storage  batteries  and  lead  products  were  far  more 
dangerous,  and  unnecessarily  so,  than  those  used  in  England  or 
Europe;  where  the  same  was  true  of  painting  trades  when  they 
were  compared  with  the  same  occupations  in  England,  France, 
Germany,  and  the  Low  Countries";  where  only  twenty-eight  of 
the  forty-eight  states  in  question  had  laws  to  conserve  the  health 
or  comfort  of  factory  employees,  and  only  twenty-one  provided 
any  protection  against  dangerous  machinery^ ;  where  not  a  single 
one  had  any  adequate  regulation  for  factory  illumination  in  its 

*  This  an3  many  following  facts  are  taken  from  statements  of  various 
contributors  to  the  American  Labor  Legislation  Review.  Vols.  I-VII.  If 
in  any  case  their  statements  do  not  hold  fjood  for  the  year  1910,  they  do 
for  some  period  within  1910-1913.  See  American  Labor  Legislation  Re- 
view, Vol.  I,  (1)  p.  44. 

2  Ibid.,  I,  (1)  pp.  21-22. 

8  Ibid.,  I,  (2)  pp.  1-2. 

79 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

vital  relation  to  the  health  of  the  workmen* ;  where  only  one  had 
a  real  factory  ventilation  law^ ;  where  not  a  single  legislative 
body  had  passed  a  law  compelling  the  effective  removal  ot  poison- 
ous gases,  fumes  and  vapors  by  well  defined  mechanical  ap- 
pliances*^ ;  and  where  no  physicians  were  required  by  state  law  to 
report  occupational  diseases''. 

Lest  the  indictment  become  monotonous,  we  pause;  but  it  is 
essential  for  the  sake  of  comparison  that  we  still  add  to  it  some 
important  facts.  The  night-work  of  women  and  children  seemed 
to  be  steadily  increasing^ ;  only  three  States  of  the  forty-eight  had 
any  workmen's  compensation  laws° ;  none  had  any  state  insurance 
against  sickness,  old  age  and  invalidity,  death,  or  unemployment, 
and  that  in  the  light  of  the  extensive  social  insurance  systems  of 
Europe ! 

The  annual  social  and  economic  cost  of  employees'  sickness 
was  estimated  at  over  $770,000,000  while  the  estimated  cases  of 
disease  totalled  over  13,000,000  causing  the  loss  of  over  280,- 
000,000  days  of  productive  work.^°  Preventable  ill  health  was 
reckoned  to  entail  for  the  nation  an  economic  waste  of  at  least  193 
million  dollars  each  year.^^  The  world's  record  for  pre-eminence 
in  the  slaying  and  mangling  of  men,  women,  and  children  in 
industry  was  not  infrequently  conceded  to  the  said  territories, 
whose  fatal  accidents  were  variously  numbered  at  from  15,000  to 
57,500  per  annum}^  It  was  further  calculated  that  the  v^^orkmen 
injured  during  the  same  period  would  be  sufficiently  numerous  to 
populate  a  city  half  the  size  of  greater  New  York.^^  According 
to  conservative  estimates,  4,500,000  employees  were  regularly  en- 
gaged in  seven-day  labor  at  the  same  time  that  Sunday*  rest,  or 
compensatory  rest,  prevailed  under  national  law  in  Italy  and 
France,  and  the  same  principle  of  compensatory  rest  was  em- 
bodied in  law  in  various  parts  of  the  world,  including  Argentina,t 

ilhid.,  I,  (2)  pp.  114-115. 
^Ihid.,  I,  (2)  p.  118. 
^Ibid.,  I,  (2)  p.  122. 
Ubid.,  I,  (4)  p.  107. 
8  Ibid.,  I,  (4)  p.  141. 
^Ihid.,  I,  (1)  p.  55. 
■^-^Ihid.,  I,  (1)  p.  127. 
"/&rVf.,  I,   (1)  p.  127. 
12  Ibid.,  IV,  (4)  p.  562. 
■^^Ibid.,  Ill,  (1)  p.  67. 

80 


THE  RELATION  OF  AMERICA 

Austria,  Bosnia,  Herzegovina,  Belgium,  British  India,  Canada, 
Cape  of  Good  Hope,  Chili,  Denmark,  France,  Germany,  Italy, 
Portugal,  Roumania,  Spain,  ctc}'^  Such  were  forty-eight  indus- 
trial societies  in  1910,  inflicting  upon  employers  and  employees 
human  and  fiscal  losses  of  the  character  described,  and  recognized 
before  the  bar  of  world  opinion  as  at  least  one  generation  behind 
the  times  in  any  adequate  governmental  recognition  of  lesponsi- 
bility  for  the  health  and  welfare  of  33,500,000  workers. 

But  let  us  be  careful  to  heed  the  injunction  "to  judge  not  that 
ye  be  not  judged."  Possibly  these  countries  were  unenlightened 
lands  ?  Whatever  their  standing  and  however  much  certain  facts 
in  their  case  may  have  been  unwittingly  exaggerated  by  those 
who  attempted  to  ascertain  the  true  condition  of  affairs  (many  of . 
the  calculations  are  known  to  be  understated),  the  situation  was 
certainly,  to  put  it  mildly,  an  unfavorable  one. 

II.  But  waiving  the  appalling  need  in  the  forty-eight  states, 
let  us  examine  what  their  governments  actually  had  accomplished 
by  1910,  in  the  way  of  protecting  labor.  To  cope  with  conditions 
such  as  theirs,  we  should  expect  to  find  these  peoples  ardently 
at  work;  firstly,  gathering  vital  statistics  upon  which  to  base 
successfully  legislation,  as  have  their  European  contemporaries ; 
secondly,  developing  the  science  of  precise  and  appropriate  labor 
law;  and  thirdly,  employing  an  efficient  inspectorate  in  con- 
junction with  a  carefully  wrought-out  scheme  for  enforcing  the 
law.    What  then  are  the  facts  in  regard  to  the  first  premise? 

We  find  that  for  any  considerable  amount  of  the  valuable  sta- 
tistics we  are  seeking,  we  must  look  elsewhere  than  to  the  reports 
of  their  factory  inspectors.  We  know  very  well  that  this  would 
not  be  the  case  were  we  investigating  similar  reports  in  England, 
Germany,  France,  Austria,  or  Belgium.^^  We  discover  that  if  a 
statistician  seeks  to  evolve  order  from  the  chaos  of  their  informa- 
tion on  industrial  casualties,  he  must  command  superhuman 
powers  and  find  relief  in  the  fact  that  only  fourteen  of  the 
states  require  any  systematic  reporting  of  accidents  at  all.^® 
Nevertheless,  we  should  not  despair,  but  look  further.    P'or  their 

i*/&tU,  III,  (1)  pp.  55-57. 

■^^Ibid.,  I,   (1)  p.  35. 

■'^Ibid.,  I,  (2)  p.  2;  IV,  (4)  pp.  563-564. 

81 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

statistics  on  occupational  maladies,  which  must  form  Ihe  basis 
of  all  inteUigent  legislation  against  jndustrial  disease,  we  will 
investigate  the  reports  of  their  physicians.  Alas,  we  recall  that 
not  one  of  the  forty-eight  require  any  such  reports !  Such  un- 
thinkable laxity  would  be  beyond  all  comprehension  in  the  en- 
lightened communities  of  Europe;  xor  Europe,  we  mus^  remem- 
ber, prefers  to  do  her  killing  in  quite  another  way.  And  shall 
we  add,  that  if  like  Europe  these  states  were  to  preserve  the 
health  of  their  people  in  order  that  the  world  might  witness  a 
more  splendid  spectacle  in  the  arena  of  battle,  we  doubt  the  ulti- 
mate progress  that  would  be  made  after  all? 

But  shall  we  hazard  further  inquiry?  Have  not  the  states  at 
least  a  modern  treatise  on  occupational  diseases  by  a  native 
authority  on  industrial  hygiene?  No,  not  one.^''  And  yet  Eng- 
land possesses  the  monumental  work  of  Thomas  Oliver  on  that 
subject  and,  since  1855,  has  been  compiling  valuable  official  re- 
ports and  statistics  relating  to  the  health  of  the  English  industrial, 
as  compared  with  which  anything  that  the  forty-eight  states, 
individually  or  collectively,  can  produce  is  of  humiliathig  insig- 
nificance. But  Germany,  Austria,  and  other  continental  countries, 
if  anything,  surpass  England  in  this  respect.  Dr.  Theodore  Weyl 
is  the  foremost  German  authority.  In  1905  the  German  Imperial 
Parliament  voted  about  $80,000  for  the  analysis  of  certain  mor- 
tality and  sickness  statistics,  which  authorities  recognized  as  in- 
dispensable to  the  intelligent  safeguarding  of  the  nation's  health, 
but  with  which  the  famous  forty-eight,  consistent  with  their 
record,  had  nothing  to  compare;  for,  if  they  had  amassed  all 
that  they  possessed  upon  the  topic  of  industrial  disease,  its  paucity 
would  have  become  painfully  evident  in  comparison  with  the 
wealth  of  European  information  on  the  subject. 

Having  thus  discovered  that  by  1910,  they  had  next  to  nothing 
upon  which  to  build  respectable  labor  law,  it  is  with  considerable 
misgiving  that  we  approach  the  investigation  of  our  second 
premise ;  viz.,  the  labor  statutes  that  they  did  possess.  The  char- 
acter and  extent  of  legislation  they  did  not  possess  must 
have  been  suggested  by  facts  already  stated ;  and  it  does  not  allay 
our  apprehension  any  to  discover  that  their  legislators  sometimes 

^Uhid.,  I,   (1)  pp.  129-137. 

82 


THE  RELATION  OF  AMERICA 

deemed  themselves  quite  equal  to  the  task  of  drafting  protective 
labor  law  over. night.  Need  it  be  a  cause  for  surprise  if  the  chief 
statistician  of  the  New  York  State  Department  of  Labor,  Mr. 
Leonard  W.  Hatch,  found  that  the  legislatures  of  these  common- 
wealths managed  to  produce  factory  laws  which  had  "not  passed 
beyond  a  fairly  primitive  stage."^®  And  in  view  of  these  facts, 
would  it  be  strange  if  yonder  in  Central  Europe  some  self- 
righteous  pharisee  had  piously  murmured:  "By  their  fruits  ye 
shall  know  them"?  Moreover,  some  of  these  legislators  discov- 
ered that  it  was  much  easier  to  copy  a  labor  law  than  to  create 
a  labor  law,  and  they  acted  according  to  the  light  they  had. 

Among  the  defects  that  may  be  pointed  out  in  respect  of  this 
legislation  were:  (i)  too  great  generality  and  vagueness  in  refer- 
ence to  the  provisions  to  be  applied  and.  the  establishments  in- 
volved; (2)  great  rigidity  of  detail  regarding  a  few  specific  proc- 
esses but  lack  of  definiteness  as  to  the  industries'  contemplated ; 
(3)  a  narrow  range  of  application  when  the  intent  was  perfectly 
clear.  It  is  therefore  obvious  that  the  enforcement  of  many  of 
the  laws  depended  entirely  upon  the  advent  of  a  very  extraor- 
dinary inspection  corps. 

This  brings  us  to  the  third  premise,  which  concerns  the  mech- 
anism of  their  law-enforcing  institutions.  After  careful  inquiry 
we  find  that  in  1910,  of  these  forty-eight  industrial  States,  exactly 
three  had  a  factory  inspection  force  whose  members  were  ob- 
liged to  pass  a  civil  service  examination  to  become  eligible.^^  In 
Prussia,  we  are  told,  the  prospective  inspectors  pursued  three 
years  of  technical  study  including  such  subjects  as  mechanics 
and  chemistry,  beside  one  and  one-half  years  of  work  upon  eco- 
nomics and  public  law.  In  addition  to  this,  they  passed  two 
examinations  in  a  German  university.  We  have,  since  1910,  been 
forcibly  reminded  of  the  fact  that  Prussia  has  the  failing  of  going 
to  extremes.  There  is  a  "golden  mean",  and  to  err  on  one  side 
may  be  just  as  bad  as  to  go  astray  on  the  other.  But  to  return 
to  our  subject,  the  appropriations  of  the  forty-eight  States  for 
inspection  were  in  a  vast  number  of  cases  entirely  inadequate, 
while  unsuitable  and  antiquated  methods  akin  to  the  "spoils  sys- 
tem" were  too  frequently  employed  in  the  appointment  of  the  offi- 

is/feiU,  I,  (2)  p.  106. 
^^Ibid.,  I,  (1)  p.  13. 

83 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

cials  in  charge.  One  great  state  with  more  than  70,000  workers 
had  one  factory  inspector ;  fourteen  others  had  none  whatever  for 
industry  employing  nearly  one-half  million  people.  For  an  area 
of  over  three  million  square  miles  and  possessed  of  7,000,000 
employees,  there  were  to  be  found  among  the  states  approxi- 
mately 425  inspectors.  It  is  said,  on  reliable  authority,  that 
probably  in  no  one  state  were  standards  of  inspection  so  high  as 
in  England,  France,  Prussia,  Saxony,  Russia,  Holland,  Spain, 
Finland,  Hungary,  or  Norway.  The  annual  report  of  the  chief 
factory  inspector  in  one  of  the  great  commonwealths  constituted 
exactly  fourteen  words  (July  i,  1911)  :  "I  have  visited  the  same 
factories  as  last  year  and  find  conditions  the  same."^° 

Such  was  their  efficiency  in  the  enforcement  of  industrial  law. 
In  the  hope  of  discovering  a  definite  and  satisfactory  attempt  to 
meet  labor's  need  of  protection,  we  have  weighed  these  states 
three  times ;  firstly,  as  to  their  progress  in  the  collection  of  neces- 
sary statistics;  secondly,  as  to  the  character  of  their  labor  laws; 
and  thirdly,  as  to  their  enforcement  of  those  laws;  and  in  each 
instance  they  have  been  found  wanting. 

Furthermore,  in  addition  to,  and  as  a  partial  explanation  of, 
their  great  lack,  the  court?  of  many  of  these  states  held  to  prin- 
ciples of  the  common  law  and  constitutional  interpretations 
whereby  important  protective  law  was  held  actually  illegal.  In 
adherence  to  the  principle  of  "freedom  of  contract,"  they  refused 
to  sanction  many  such  interferences  of  the  state  between  em- 
ployers and  employees  as  were  necessary  to  establish  compensa- 
tion laws,  social  insurance,  limitation  of  the  hours  of  labor,  etc., 
preferring  to  remain  in  that  stage  of  economic  thought  which  was 
voiced  by  France  in  1881.^^  If  an  employee  who  had  become  the 
victim  of  an  accident,  wished  to  obtain  redress,  he  was  obliged  to 
sue  under  a  judicial  system  that  seemed  to  be  biased  in  favor  of 
employers  by  three  widely  accepted  doctrines:  (i)  The  fellow- 
servant  doctrine,  by  which  it  devolved  upon  the  claimant  to  prove 
that  his  injury  was  not  due  to  any  fault  of  a  fellow  employee; 
(2)  the  doctrine  of  the  assumption  of  risk,  which  is  to  say  that 
an  employee  by  accepting  the  contract  to  work,  had  assumed  the 

^^Ihid.,  Ill,  (1)  pp.  23-28. 
21  See  p.  20. 


THE  RELATION  OF  AMERICA 

risk  incident  to  the  business;  (3)  and  the  doctrine  of  contributoi-y 
negligence  to  the  effect  that  carelessness  of  the  employee  con- 
tributory to  an  accident  constituted  a  defense  for  the  employer. 
These  judge-made  doctrines  became  so  palpably  unfair  that  the 
8o's  saw  in  England  the  origin  of  an  important  movement,  whose 
influence  was  later  felt  in  the  United  States,  in  favor  of  em- 
ployers' liability  laws  to  counteract  injustices  of  the  system  and 
to  make  employers  liable  for  damages  in  cases  of  accident  that 
they  might  have  prevented.^^  These  laws  made  it  possible  for 
the  worker  to  recover  damages  when  he  could  prove  that  negli- 
gence on  the  part  of  his  employer  was  responsible  for  the  acci- 
dent that  gave  rise  to  the  injury.  The  common  law  theory  of 
liability  was  not  abandoned  and  the  employer  was  not  made  liable 
for  accidents  due  to  risks  concealed  in  the  business  rather  than 
to  any  fault  or  negligence.  The  laws,  however,  have  involved 
much  litigation  and  have  never  been  deemed  a  satisfactory  solu- 
tion of  the  problem. 

III.  Our  next  inquiry  is  with  reference  to  the  co-operation  of 
these  states  in  supplementing  b}^  mutual  agreement  their  indi- 
vidual shortcomings.  They  are  adjacent  one  to  the  other.  Evils 
and  losses  incident  to  competition  unrestricted  by  mutual  agree- 
ment are  theirs,  and  have  fallen  upon  employers  as  well  as  upon 
employees.  This  is  evident  from  facts  already  stated.  Practi- 
cally all  of  the  arguments  that  were  found  to  vindicate  interna- 
tional labor  law  as  between  the  countries  of  Europe  and  other 
parts  of  the  world  (Chapter  IV)  are  found  to  hold  equally  good, 
and  in  most  cases  doubly  so,  for  these  forty-eight  states.  Di- 
versity of  conditions  of  production  among  them  are  great,  but  not 
as  great  as  obtains  between  many  of  the  other  countries  referred 
to.  Furthermore,  the  advantages  derived  from  national  adhesion 
to  international  labor  conventions  should  accrue  in  equal,  if  not 
in  greater  measure,  to  a  similar  industrial  co-operation  between 
these  states.  Producers  who  suffer  an  annual  loss  of  millions  of 
dollars  partly  because  of  the  inadequate  protection  of  labor,^^ 
ought  to  realize  that  this  is  not  good  business.  When  Europe 
made  that  discovery,  she  acted  upon  it.    The  working  populations 

"^^  Amcr.  Lah.  Leg.  Rev.,  I,  (1)  p.  57. 
23  See  p.  80. 

85 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

of  these  states  are  shifting  constantly  from  one  to  the  other  and 
give  rise  to  a  large  percentage  of  the  problems  that  the  nations 
of  Europe,  in  view  of  a  similar  migration  of  their  subjects,  have 
found  susceptible  of  solution  only  through  treaties. 

What  then  is  the  attitude  of  these  states  tovi^ard  co-operation 
in  the  matter  of  protective  labor  law^  ?  A  priori  this  v^ould  seem  to 
be  a  question  readily  ansv\^ered,  for  w^e  may  now  discover  for  the 
sake  of  convenience  that  these  forty-eight  industrial  entities  form 
a  federal  union  and  have  a  central  Federal  Government.  The 
answer,  however,  is  not  that  which  we  would  naturally  expect,  for 
reasons  which  follow : 

(i)  The  Constitution  of  their  central  Government  they  may 
so  interpret  as  to  prohibit  federal  legislative  control  of  intra- 
state industry.  By  reason  of  Article  1,  Section  8,  "The  Congress 
shall  have  power  to  regulate  commerce  with  foreign  nations  and 
among  the  several  states,"  authority  over  interstate  commerce  is 
delegated  to  the  Federal  Government,  but  upon  the  principle 
that  powers  not  so  delegated  are  reserved  to  the  states,  intra-state 
commerce  remains  a  subject  for  state  legislation.  Consequently, 
it  may  be  held  that  the  Federal  Government  ought  not  to  presume 
to  sign  a  treaty  such  as  the  Bern  Convention  prohibiting  night- 
work  for  women  inasmuch  as  its  enforcement  would  involve  un- 
due interference  with  intra-state  industry. 

(2)  The  same  constitutional  system  prevents  the  states  from 
entering  into  treaties  among  themselves  or  wi^  the  Federal  Gov- 
ernment, by  which  otherwise  they  might  obtain  uniformity  of 
industrial  regulation. 

(3)  Individual  participation  in  any  international  agreement 
is  likewise  forbidden  to  each  one  of  the  forty-eight  states. 

What  more  ingenious  construction  of  law  could  be  devised  to 
obstruct  interstate,  national  and  international  co-operation  in  the 
uniform  and  legal  protection  of  labor  ? 

Such  were  forty-eight  industrial  countries  in  1910,  which  in- 
dividually failed  to  provide  proper  protection  for  their  working 
people,  and  which  collectively  seemed  to  favor  such  an  interpre- 
tation of  their  constitutional  system  as  not  only  prohibited  their 

86 


THE  RELATION  OF  AMERICA 

Federal  Government  from  introducing  the  protection  needed,  but 
also  precluded  it  from  becoming  party  to  international  guarantees 
of  protection  for  the  laboring  peoples  of  the  world;  and  these 
forty-eight  states  in  1910  constituted  the  same  people  who,  as 
the  self-avowed  defenders  of  humanity,  were  in  1918  justly 
and  proudly  pouring  out  their  treasure  and  their  blood  to  rescue 
from  Impending  disaster  the  civilization  of  the  world — THE 
UNITED  STATES  OF  AMERICA. 

In  the  interval  of  eight  years  had  the  American  people  re- 
deemed themselves?  We  leave  the  query  open.  This,  however, 
is  true:  the  period  contains  a  record  of  splendid  achievement  in 
the  protection  of  America's  industrial  laborers.  The  history  of 
that  progress  runs  in  part  as  follows: 

In  1906,  the  same  year  in  which  the  nations  signed  the  Bern 
Conventions,  the  International  Association  for  Labor  L,egislation 
dropped  a  child  on  American  soil.  In  some  respects  at  least,  the 
Association's  feelings  must  have  been  akin  to  those  of  the  un- 
resigned  Spartan  mother  who  saw  her  ill-judged  baby  exposed  to 
the  wild  beasts  of  the  forest.  This  infant  had  twenty-one  mem- 
bers, and,  unlike  a  sister  in  the  American  State  of  Argentina,  did 
not  die,  but  in  the  course  of  a  dozen  years  added  unto  itself 
over  three  thousand  other  members  and  performed  the  tasks  of  a 
giant,  well  beyond  what  would  have  been  deemed  possible  either 
in  1906  or  1910. 

It  was  as  early  as  1902  that  the  Bureau  of  the  International  As- 
sociation exerted  itself  to  bring  about  the  formation  of  an  Ameri- 
can Section.  In  New  York  City,  on  the  15th  day  of  February, 
1906,  its  desire  was  realized.^*  The  Section  established  its  head- 
quarters at  Albany,  N.  Y.,  subsequently  removed  to  Madison, 
Wisconsin,  and  later  located  at  131  E.  23rd  St.,  New  York  City. 
From  inception  it  has  been  officered  by  distinguished  men.  It 
has  had  as  Presidents,  Professor  Richard  T.  Ely  of  the  Univer- 
sity of  Wisconsin,  Professor  Henry  W.  Farnam  of  Yale  Uni- 
versity, Professor  Henry  R.  Seager  of  Columbia  University, 
Professor  William  F.  Willoughby  of  Princeton  University,  Pro- 
fessor Irving  Fisher,  of  Yale  University,  and  Professor  Samuel 
McCune  Lindsay,  of  Columbia  University;  and  as  secretaries, 
Dr.  Adna  F.  Weber,  Professor  John  R.  Commons,  and  Dr.  John 

2*  For  Constitution,  see  App.  II,  Exh.,  23. 

8Z 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

B.  Andrews,  who  has  held  the  office  since  1909  and  upon  whom 
more  than  upon  any  other  single  individual  now  rests  the  direc- 
tion of  the  work.  Its  membership,  now  over  3000,  represents 
nearly  every  state  and  territory  in  the  Union,  and  also  the 
Canal  Zone,  Cuba,  Porto  Rico,  Hawaii,  the  Philippines,  Canada, 
and  several  European  countries.  Illinois,  Minnesota,  New  York, 
and  Massachusetts  have  organized  state  sections  under  its  direc- 
tion, although  that  of  New  York  has  been  transformed  into  the 
New  York  Legislative  Committee.  Support  is  derived  from 
dues  and  gifts.  An  Executive  Committee  chosen  from  a  large 
General  Administrative  Council  is  charged  with  the  business 
management  of  the  Association,  which  meets  annually  and  gen- 
erally holds  one  joint  session  with  either  the  American  Economic 
Association  or  with  the  American  Political  Science  Association. 

In  1908  real  constructive  work  was  undertaken  and  since  that 
time  the  organization  has  placed  to  its  credit  a  notable  record  in 
bringing  about  state  and  nation-wide  compilations  of  invaluable 
statistics,  the  passage  of  labor  law,  the  enforcement  of  the  same, 
and  increased  conformity  to  uniform  standards.  This  has  neces- 
sitated tireless  research  and  the  publication  of  a  vast  amount  of 
literature.  Its  official  bulletin,  published  since  191 1,  is,  The 
American  Labor  Legislation  Review. 

It  has  formed  standing  Committees  and  Subcommittees  upon 
Industrial  Hygiene  (1908);  Brass  Poisoning;  Nomenclature  of 
Occupations ;  Workmen's  Compensation  ( 1909)  ;  Woman's  Work 
(1909);  Standard  Schedules  and  Tabulations  (1911);  Enforce- 
ment of  Labor  Law  (1911)  ;  One  Day  of  Rest  in  Seven  (1911)  ; 
and  Social  Insurance  (1913),  with  which  the  Committee  on 
Workmen's  Compensation  was  merged.  Under  its  auspices  a 
special  Committee  was  organized  in  191 1  to  constitute  the  Ameri- 
can Section  of  the  International  Association  on  Unemployment. 
It  has  caused  the  convocation  of  National  Conferences  on  Indus- 
trial Diseases  (1910  and  1912)  ;  Preventing  and  reporting  of 
Industrial  Injuries  (1911);  Social  Insurance  (1913);  Unem- 
ployment (1914  and  1915).  Also,  representatives  have  been 
regularly  sent  abroad  to  various  International  Congresses  on  Oc- 
cupational  Diseases,   Unemployment,   Social  Insurance,   etc. 

Efficiency  and  uniformity  in  labor  legislation  have  been  pro- 

88 


THE  RELATION  OF  AMERICA 

moted  through  the  scientific  drafting  of  standard  labor  laws, 
which  the  Association  has  presented  to  state  legislatures  for  ap- 
proval and  adoption.  The  Legislative  Drafting  Research  Fund 
of  Columbia  University  endowed  by  Mr.  J.  P.  Chamberlain 
and  now  under  the  direction  of  Prof.  T.  I.  Parkinson,  has  co- 
operated with  the  Association  in  this  work.  In  19 14  New  Jersey 
enacted  into  law  such  a  bill  protecting  tunnel  and  caisson  work- 
ers.^^  Another  standard  bill  for  the  protection  of  industrial 
workers  from  regular  seven-day  employment  was  adopted  by 
New  York  State  and  Massachusetts  in  1913;-°  and  the  tentative 
draft  of  a  compulsory  health  insurance  act  is  now  before  the 
public  for  criticism  and  discussion.  Although  this  is  daily  be- 
coming a  more  important  phase  of  its  work,  nevertheless  it  is 
not  in  this  respect  that  the  greatest  progress  has  thus  far  been 
made. 

In  1910  a  memorial  was  presented  to  the  President  of  the 
United  States  urging  the  necessity  of  a  national  investigation 
of  the  subject  of  occupational  diseases.-^  The  Federal  Bureau 
of  Labor  extended  its  operations  in  the  field  of  industrial  hygiene 
and  commenced  continuous  research  with  respect  to  occupational 
poisons.  Propaganda  to  bring  about  in  the  states  the  compulsory 
reporting  of  occupational  diseases  was  undertaken  by  the  Asso- 
ciation with  the  result  that  within  five  years  fifteen  states  in- 
troduced the  innovation,  nine  of  them  adopting  the  standard 
reporting  blank  recommended  by  the  Association.^^  Within  three 
years  a  standard  form  for  the  reporting  of  accidents  was  so  wide- 
ly adopted  as  to  apply  to  one-half  of  the  factory  employees  of 
the  United  States.  Nevertheless,  these  statements  should  not 
obscure,  but  rather  make  more  prominent,  the  fact  that  in 
spite  of  the  progress  evidenced  there  still  prevails  a  wretched 
state  of  affairs  and  regrettable  lack  of  uniformity  throughout 
wide  portions  of  the  country.  A  campaign  against  lead  poisoning 
has  been  prosecuted  with  substantial  results  among  several  law- 
making bodies.  While  the  estimated  ratio  between  victims  of 
saturnism  and  workers  in  lead  in  Europe  is  i  :89 ;  in  America  it  is 
1 :  10.29 

25  Am.  Lab.  Leg.  Rev.,  IV,  (4)  p.  528. 

26  Ihid.,  IV,  (4)  p.  614. 

27  75tU,  I.  (I),  pp.  125-143. 

28/?)7U.  TV,  (4),  p.  525. 
i^Ihid.,  IV,  (4)  p.  539. 

89 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

Whereas  only  three  states  and  the  Federal  Government  had 
any  workmen's  compensation  laws  in  1910,  such  law  had  been 
passed  by  thirty-three  legislatmxs  before  the  close  of  1915,^*^ 
aside  from  various  other  social  insurance  measures  such  as  the 
pensioning  of  mothers  enacted  into  law  in  fifteen  states  in  1913,"^ 
the  inauguration  of  state  life  insurance  in  Wisconsin  in  191 1  and 
adopted  since  by  other  states,^^  and  the  introduction  of  old-age 
pensions  in  Alaska  and  Utah  in  1915.^^  The  movement  for  social 
insurance  was  making  progress  up  to  the  time  of  America's  en- 
trance into  the  war  and  measures  for  compulsory  health  insur- 
ance were  earnestly  advocated.  This  kind  of  insurance,  however, 
has  not  as  yet  received  the  favorable  attention  of  state  legis- 
latures due  in  part  possibly  to  the  reaction  against  labor  legislation. 

Through  the  efforts  of  Prof.  John  R.  Commons,  the  Associa- 
tion has  had  a  direct  part  in  the  establishment  of  the  commission 
idea  for  enforcing  general  labor  statutes  and  detailed  committee 
orders  including  the  centralized  administration  of  accident  pre- 
vention and  compensation  laws,  a  plan  which  has  been  steadily 
increasing  in  favor  since  its  adoption  by  Wisconsin  in  1911,^* 

To  counteract  the  social  malady  of  unemployment,  the  Associa- 
tion reported  the  establishment  of  public  labor  exchanges  by 
twenty-three  states  and  over  twenty  American  cities.^^  In  fact, 
all  important  phases  of  the  protective  movement,  including  child 
labor,  woman's  work,  minimum  wage,  etc.,  had  been  attacked  in 
some  degree  at  least,  and  appreciably  advanced  in  the  eight  years 
since  1910.  A  complete  study  of  the  accomplishments  of  this 
character,  however,  must  include  not  only  the  work  of  the  Ameri- 
can Association  for  Labor  Legislation  and  of  allied  social-wel- 
fare societies,  but  also  that  of  labor  organizations,  among  the 
foremost  of  which  is  the  American  Federation  of  Labor.  Under 
the  leadership  of  its  President,  Samuel  Gompers,  the  American 
Federation  of  Labor  has  become  one  of  the  powerful  institutions 
in  American  public  life  of  the  present  day.     Had  it  not  been 

30  Ibid.,  V,  (4)  p.  637. 

31  Ihid.,  Ill,  (2)  p.  149. 

32  7&;U,  III,   (2)  p.  149. 
S3  Ibid.,  V,  (4)  p.  637. 

S4/6!W.,  I,  (4)  pp.  61-69;  III,  (1)  pp.  9-14,  39;  III,  (4)  pp.  473-478. 
35  Ibid.,  V,  (3)  Map  opposite  p.  481. 

90 


THE  RELATION  OF  AMERICA 

for  the  potent  influence  of  this  organization  compelling  nation- 
wide attention  to  the  rights  and  needs  of  American  labor,  the 
American  Association  for  Labor  Legislation  would  have  found 
its  task  a  far  more  difficult  and  less  successful  one  than  the 
present  chapter  describes.  Although  we  do  not  attempt  here  to 
present  the  record  of  the  American  Federation  of  Labor,  or  of 
other  labor  organizations,  it  is  not  our  wish  to  deny  to  them 
one  iota  of  credit  due  them  for  their  great  work  of  safeguard- 
ing the  interests  of  the  working  people.^''  We  have  outlined 
sufficient,  however,  to  direct  attention  distinctly  to  one  fact, 
which  is  that  an  extralegal  institution  like  the  American  Associa- 
tion for  Labor  Legislation  or  the  American  Federation  of  Labor 
can  never  develop  that  uniformity  of  national  labor  law  or  supply 
the  necessary  sanction  for  its  enforcement,  to  justify  or  make 
legal  'the  national  engagement  of  an  international  protective 
labor  treaty  such  as  that  prohibiting  night-work  for  women. 

We  have  reserved  for  discussion  in  this  connection  that  which 
constitutes  the  greatest  achievement  of  the  American  Associa- 
tion from  the  standpoint  of  uniform  national  labor  law.  The 
passage  of  the  Esch-Hughes  Bill  in  Congress,  April  9,  1912,  levy- 
ing a  prohibitive  tax  on  matches  containing  white  phosphorus 
and  prohibiting  the  exportation  or  importation  of  the  same,  was 
the  culmination  of  a  campaign  waged  by  the  Association  for 
several  years.  It  availed  to  eradicate  the  evil.  It  is  well  to 
note  that  the  states  had  not  taken  steps  to  impede  their  employ- 
ers in  their  competition  with  the  industry  of  other  states  by  the 
interdiction  of  the  use  of  this  poison  in  match  manufactories,  or 
to  drive  a  manufacturer  to  move  his  concern  from  one  state  into 
another.  Just  as  nations  hesitate  to  place  themselves  through 
protective  law  at  a  disadvantage  with  competing  industrial  na- 
tions, so  have  states  similarly  hesitated  because  of  the  competition 
of  other  states.  This  was  illustrated  by  the  New  York  State 
compensation  law  of  1910,  which  was  limited  to  industries  not 
affected  by  interstate  competition.^'' 

But  when  through  the  exercise  of  the  taxing  power  the  Federal 

38  For  a  study  of  industrial  conditions  in  their  relation  to  city  life  and 
organized  labor  see  Lowe,  Representative  Industry  and  Trade  Unionism 
of  an  American  City,  W.  D.  Gray,  106  Seventh  Ave.,  New  York  City,  N.  Y. 

^^  Anier.  Lab.  Leg.  Rev.,  I,  (1)  p.  60. 

91 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

Government  found  a  way  of  working  the  uniform  abolition  of  the 
use  of  white  phosphorus,  objection  became  inconsequential.  How 
far  would  the  reform  have  progressed  by  this  time  if  it  had  been 
left  to  the  individual  action  of  each  state?  We  know  this:  had 
there  been  attained  in  this  particular  that  which  has  not  been 
accomplished  in  respect  of  any  single  state  labor  law;  viz.,  uni- 
formity through  the  passage  of  the  same  law  by  all  the  states,  the 
ever  possible  revocation  of  the  law  by  one  or  more  legislatures 
would  render  the  uniformity  attained  forty-eight  times  more 
uncertain  than  it  is  at  the  present  time  under  federal  enactment. 
This  holds  true  of  all  law  whose  passage  and  enforcement  de- 
pends upon  the  action  of  state  governments  instead  of  the  Fed- 
eral Government. 

Thus  while  the  national  Government  did  not  become  party 
to  the  Bern  Convention  prohibiting  the  use  of  white  phosphorus, 
the  federal  taxing  power  was  used,  for  the  first  time,^®  to  secure 
a  social  reform,  which,  as  far  as,  the  nation  was  concerned, 
proved  practically  equivalent  to  that  which  the  Bern  Convention 
might  have  introduced.  This  raises  the  question  as  to  whether 
a  satisfactory  method  has  been  found  by  which  to  obtain  the 
benefits  of  international  labor  agreements.  Can  the  good  effects 
of  the  Bern  Convention  prohibiting  the  night-work  of  women  be 
similarly  introduced  by  the  federal  taxation  of  all  articles  pro- 
duced wholly  or  in  part  by  this  undesirable  form  of  labor  and 
entering  into  interstate  commerce?  The  same  question  applies 
to  the  contemplated  international  conventions  prohibiting  night- 
work  for  young  persons  and  limiting  the  day-work  of  such  per- 
sons and  women. 

A  cursory  consideration  of  the  problem  must  make  evident 
that,  by  the  very  nature  of  the  case,  the  device  which  happened 
to  be  effective  for  the  national  prohibition  of  the  use  of  white 
phosphorus  and  may  prove  equally  so  with  reference  to  other  in- 
dustrial poisons,  is  perhaps  less  suited  to  the  solution  of  the  other 
questions  cited.  The  presence  of  poisonous  material  in  a  product 
may  be  determined  readily  and  leaves  the  enforcement  of  the 
law  a  comparatively  simple  matter.  But  the  other  cases  present 
an  entirely  different  situation.     To  detect  articles  made  wholly 

38  Ihid.,  IV,  (4)  p.  523. 

92 


THE    RELATION     OF    AMERICA 

or  in  part  by  the  night-work  of  women  or  the  day-work  of 
young  people  seems  to  demand  as  dihgent  inspection  of  intra- 
state industry  as  would  be  required  by  the  enforcement  of  a 
federal  law  directly  prohibiting  the  labor  in  question.  Neverthe- 
less, the  United  States  prohibited  child  labor  through  this  applica- 
tion of  its  taxing  power. 


Do  we  then  seem  to  be  assuming  the  desirability  of  American 
adhesion  to  labor  treaties?  We  do  assume  it,  because  of  the 
arguments  already  presented  in  favor  of  such  agreements;  be- 
cause of  America's  need  of  nation-wide  reform  in  the  protection 
of  labor;  and  because  by  non-adhesion  America  remains  a 
stumbling  block  to  an  international  movement  that  holds  at  stake 
much  of  the  welfare  of  a  large  proportion  of  the  human  race. 
America  needs  the  movement;  the  movement  needs  America. 
The  co-operative  adoption  of  a  labor  reform  by  a  dozen  leading 
nations  and  colonies  has  been  found  to  be  a  safe  criterion  as  to 
the  kind  of  reform  that  ought  to  be  uniformly  realized  among 
the  states  of  the  American  Union.  When,  furthermore,  it  has 
become  the  consensus  of  opinion  of  different  peoples  under 
widely  varying  conditions  that  industrial  work  by  the  female 
sex  ought  to  be  prohibited  during  certain  periods  of  the  twenty- 
four  hour  day,  if  for  no  other  reasons  than  those  of  morality  and 
physical  health,  and  twelve  countries  and  numerous  colonies  have 
entered  into  a  compact  to  realize  that  end,  and  the  United  States 
is  urged  to  adhere  as  an  industrial  power  whose  co-operation 
is  sorely  needed,  what  ought  to  be  our  answer?  Does  our  con- 
stitutional system  preordain  a  negative  reply? 

Traditional  methods  of  interpreting  the  Constitution  .have 
placed  serious  obstacles  in  the  path  of  the  labor  movement  in 
America;  but  some  of  those  difficulties  already  have  been  sur- 
mounted. The  judge-made  rules  for  which  liability  laws  became 
a  necessary  antidote,  have  been  mentioned  and  serve  to  illustrate 
how  the  efifects  of  the  American  judicial  system  seemed  to  favor 

93 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

the  rights  of  property  as  opposed  to  the  rights  of  workman. 

Liability  laws  were  succeeded  by  compensation  laws,  which 
had  not  merely  judge-made  doctrines  but  judge-made  interpre- 
tations of  the  Constitution  to  overcome.  A  compensation  law 
obligates  the  employer  to  pay  a  definite  sum  to  indemnify  an  em- 
ployee injured  in  the  course  of  his  employment.  The  obligation 
to  indemnify  may  lie  even  though  the  accident  be  traceable  to  a 
risk  inherent  in  the  business  and  not  to  any  carelessness  on  the 
part  of  the  employer.  According  to  Article  I,  Section  lo  "no 
state  shall  pass  any  law  impairing  the  obligation  of  contracts" 
(Constitution  of  the  United  States).  A  compensation  law  could 
be  construed  as  an  unjustifiable  infringement  of  the  "freedom  of 
contract"  between  an  employer  and  employee.  And  were  this 
difficulty  surmounted,  such  a  law  could  still  be  held  to  be  a 
violation  of  the  Fourteenth  Amendment:  "nor  shall  any  state 
deprive  any  person  of  life,  liberty,  or  property,  without  due  pro- 
cess of  law,  nor  deny  to  any  person  within  its  jurisdiction  equal 
protection  of  the  laws."  A  law  requiring  an  employer  to  in- 
demnify an  employee  injured,  not  because  of  any  fault  of  the 
employer  but  simply  as  a  result  of  the  risk  inherent  in  the 
business,  could  be  construed  to  be  an  unjust  deprivation  of  prop- 
erty in  favor  of  an  employee.  If  the  compensation  law  covered 
employees  in  certain  trades  only,  it  might  be  attacked  as  class  legis- 
lation denying  "equal  protection  of  the  laws."  If  the  law  en- 
deavored to  eliminate,  as  is  its  purpose,  the  expensive  litigation 
incident  to  damage  suits,  it  was  exposed  to  the  charge  of  attempt- 
ing to  deny  the  constitutional  right  of  citizens  to  trial  by  jury. 
Specific  provisions  of  state  constitutions  presented  in  some  cases 
greater  obstacles  than  the  United  States  Constitution.  There  is 
little  doubt  that  two  decades  ago  a  compulsory  workmen's  com- 
pensation law  would  have  been  held  unconstitutional  by  a  vast 
majority  of  courts  in  the  land. 

And  yet  compensation  laws  have  steadily  made  their  way  over 
and  above  and  through  these  constitutional  difficulties,  and  are 
now  on  the  statute  books  of  over  forty  states  of  the  Union; 
for,  it  was  found  that  when  the  safety  and  welfare  of  a  com- 
munity demanded  compensation  laws,  it  could  be  made  a  valid 
exercise  of  the  state's  police  power  and  a  constitutional  right  to 

94 


THE  RELATION  OF  AMERICA 

provide  that  security;  and  it  was  further  discovered  that  in 
protective  labor  law  as  in  other  law,  the  final  test  of  a  constitu- 
tional interpretation,  as  the  final  test  of  the  constitutionality  of 
law,  is  its  reasonableness. 

For  the  Federal  Government  to  extend  the  domain  of  its  law- 
making and  law-enforcing  power  to  intra-state  industry  so  as 
to  prohibit  the  night-work  of  women  might  now  be  interpreted 
as  the  exercise  of  an  undelegated  power  and  an  unjustifiable 
and  revolutionary  interference  with  "state's  rights;"  but  if  the 
public  interest  and  safety  were  one  day  to  demand  such  regula- 
tion, it  is  conceivable  that  means  may  be  found  by  which  to  make 
possible  such  an  extension  of  federal  authority.* 

If  all  other  means  fail,  recourse  may  be  had  to  a  Constitutional 
Amendment  giving  the  Federal  Government  indisputable  author- 
ity to  regulate  conditions  of  labor  within  the  states,  or  to  subject 
American  industry  to  the  operation  of  international  protective 
labor  conventions.  By  virtue  of  the  place  that  the  United  States 
now  is  assuming  in  the  family  of  nations,  we  may  be  sure  that 
it  will  be  found  increasingly  necessary  to  regulate  American 
labor  conditions  according  to  international  standards.  The  world 
rightfully  may  demand  this.  Means  for  compliance  must  be 
forthcoming. 

*The  difficulty  can  be  obviated  if  the  Supreme  Court  upholds  labor 
treaties  as  "the  supreme  law  of  the  land,"  in  preference  lo  "state's  rights." 
According  to  Article  vi,  clause  2,  of  the  Constitution  of  the  United  States, 
"all  treaties  made  .  .  .  under  the  authority  of  the  United  States  shall 
be  the  supreme  law  of  the  land." 


95 


CHAPTER  VI, 

The  Movement  in  Perspective 

Three  steps  essential  to  bring  international  labor  law  into 
successful  operation  are : 

(i)  Collection  and  tabulation  of  statistics  and  information 
prerequisite  to  the  drafting  of  scientific  labor  law; 

(2)  Comparative  study  of  the  theory  and  practise  of  national 
law  in  order  to  derive  therefrom  suitable  international  laws ; 

(3)  An  effective  sanction,  or  method  of  guaranteeing  the 
international  enforcement  of  the  law. 

The  work  of  the  International  Association  on  points  (i)  and 
(2)  has  been  presented;  but  it  is  not  our  intention  thereby  to 
minimize  the  importance  of  the  work  done  by  other  organizations 
and  by  governments  in  this  field  before  and  after  the  appearance 
of  the  International  Association  for  Labor  Legislation. 

In  1869  Massachusetts  organized  the  first  governmental  Labor 
Bureau  in  the  world  for  the  systematic  study  of  labor  conditions 
and  the  compilation  of  statistics  for  presentation  to  a  legislative 
body.  A  few  years  later  the  inspection  and  enforcement  of  labor 
law  were  included  among  the  functions  of  similar  state  bureaus 
that  in  the  meantime  had  been  created.  At  present,  such  bureaus 
are  common  to  almost  every  state  in  the  United  States.  Not 
infrequently  these  bureaus,  legislative  committees  for  drafting 
labor  law,  together  with  other  interested  organizations,  often  in 
conjunction  with  or  under  the  auspices  of  the  American  As- 
sociation for  Labor  Legislation,  have  held  interstate  conferences 
for  the  co-ordination  and  mutual  advancement  of  their  work. 
These  conferences  have  been  a  potent  factor  making  for  uniform- 
ity of  labor  law  in  America. 

In  1884  (law  of  June  27,  1884),  the  United  States  Bureau  of 
Labor  ^  was  established  under  the  United  States  Department  of 
Commerce.    This  was  the  first  permanent  Bureau  of  Statistics  of 

1  First  Annual  Report  of  the  Secretary  of  Labor,  1913,  Washington,  pp. 
8-9. 

96 


THE  MOVEMENT  IN  PERSPECTIVE 

Labor  created  by  a  national  Government-.  Later  (1888)  an  in- 
dependent department  known  as  the  Department  of  Labor  was 
instituted  with  a  Commissioner  as  chief  and  therefore  not  of  a 
rank  that  would  entitle  him  to  a  place  in  the  Cabinet.  In  1903 
the  Department  of  Labor  was  transformed  into  the  Bureau  of 
Labor  under  the  newly  created  Department  of  Commerce  and 
Labor.  For  ten  years  the  interests  of  the  w^orking  class  were 
represented  by  an  executive  Department  to  which  was  also  en- 
trusted the  care  of  employers'  interests,  until  by  Act  of  Congress 
Nov.  4,  1913,  a  separate  Department  of  Labor  was  created  with 
representation  in  the  President's  Cabinet.  Various  bureaus  and 
governmental  commissions  such  as  the  Interstate  Commerce  Com- 
mission and  the  Industrial  Relations  Commission,  some  perma- 
nent, others  temporary,  have  been  created  from  time  to  time  to 
study  or  regulate  various  phases  of  national  industry  and  labor, 
and  to  extend  the  scope  of  statistical  data  on  American  conditions. 
These  federal  as  well  as  state  institutions,  beside  many  volun- 
tary organizations  which  the  scope  of  this  work  precludes  from 
specific  mention,  are  all  of  prime  importance  in  handling  the 
protective  movement  in  the  United  States. 

An  English  office  for  labor  statistics  was  created  in  1886;  but 
the  official  British  Bureau  of  Labor  was  not  organized  until  1893. 
Its  official  bulletin  is  The  Labor  Gazette. 

In  1896  Belgium  established  a  Labor  Bureau  as  an  outgrowth 
of  an  office  originally  under  the  Department  of  Agriculture  and 
Industry,  but  afterward  identified  with  a  separate  Department 
of  Labor. 

A  governmental  Commission  for  labor  statistics  was  established 
in  Germany  in  1892,  The  Imperial  Office  of  Statistics  added  a 
Division  of  Labor  Statistics  in  1902,  which  took  over  the  func- 
tions of  the  Commission  and  became  the  first  official  Bureau  of 
Labor. 

Austria  has  had  a  Bureau  of  Labor  Statistics  since  1908; 
Italy,  since  1902;  Sweden,  since  1902;  Norway,  since  1903.  In 
Spain,  the  Department  of  the  Interior  included  a  Labor  Bureau 
(1894).  In  1903  the  Institute  of  Social  Reform  created  (i)  a 
Section  of  Statistics  (2)  a  Section  of  Publications,  (3)  a  Sec- 
tion of  Inspection, 

2  Bulletin  of  the  Bureau  of  Labor.  No.  54,  Sept.  1904,  Washington,  pp. 
1023-1086. 

97 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

The  French  Superior  Council  of  Commerce  and  Industry  was 
formed  in  1881,  having  consultative  power,  and  after  1894,  it 
collaborated  with  a  permanent  Consultative  Commission;  but 
the  French  Labor  Office  was  not  established  until  1891.  It  had 
two  separate  departments,  the  one  for  service  in  the  field,  the 
other  for  making  written  inquiries  and  tabulating  the  results  of 
both  sections  of  the  service.  In  1900  this  was  transformed  into 
the  Department  of  Laboi  with  three  Bureaus;  viz.,  (i)  Bureau 
of  Labor  and  General  Statistics,  (2)  Inspection  of  Labor,  (3) 
Trades  Organizations  and  Councils  of  Prudhommes. 

Denmark  formed  a  general  statistical  bureau  in  1895,  and  Hol- 
land, in  1899.  Other  bureaus  partaking  of  the  nature  of  Labor 
Bureaus  were  organized  in  New  South  Wales  (1892),  New 
Zealand  (1891),  Canada  (1900),  and  Ontario  (1900). 

Thus  we  see  that  in  the  establishment  of  governmental  labor 
offices  for  the  systematic  acquisition  of  information,  an  American 
state  led  the  world,  but  in  the  formation  of  adequate  protective 
law  and  in  the  efficient  administration  of  such  law,  other  countries 
have  outstripped  us.  Of  late  years  we  have  been  rapidly  making 
up  for  lost  ground,  and  by  taking  proper  steps  we  can  bring 
ourselves  fully  abreast  of  the  best  protective  labor  law  in  the 
world  ,and  it  may  be  our  privilege  and  duty  again  to  assume  a 
position  of  leadership  in  these  respects. 

Collaborating  and  co-operating  with  the  International  Associa- 
tion for  Labor  Legislation  were  other  Associations,  principally, 
the  International  Association  on  Social  Insurance  and  the  Inter- 
national Association  on  LTnemployment,  each  attempting  to  do 
for  its  particular  phase  of  the  protective  movement  what  the 
International  Association  for  Labor  Legislation  undertakes  fof 
the  movement  in  general. 

The  Association  on  Unemployment,  which  is  the  more  recent 
of  the  organizations,  had  official  headquarters  at  Ghent  and  pub- 
lished a  Bulletin  (Paris)  during  1911-1914,  until  the  war  inter- 
fered. Between  1910  and  1914  it  underwent  an  interesting 
growth.^  Organized*  originally  in  France  (Sept.  21,  1910),  it 
established  sections  in  seventeen  countries.    The  American  sec- 

3  Bulletin  trimestriel  de  I'association  internationale  pour  la  lutfe  contre 
le  chomage.     Avril-Juin,  1914.     (Quartrieme  Annie,  No.  2,  p.  319-348). 
*  App.  II,  Exh.  22. 

98 


THE  MOVEMENT  IN  FERSPECTIVE 

tion  has  already  been  referred  to  f  sections  in  Holland,  Germany, 
Austria,  Hungary,  France,  and  Belgium  published  national  bulle- 
tins, aside  from  the  official  international  Bulletin  of  the  Associa- 
tion. The  purposes  of  the  Organization  included  the  establish- 
ment of  an  international  office  to  serve  as  a  clearing  house  for  all 
valuable  statistics  or  information  relating  to  the  national  and 
international  problems  of  unemployment,  and  to  superintend  the 
summoning  of  conferences,  the  stimulation  of  investigation  local- 
ly as  a  preliminary  to  national  and  international  measures,  the 
education  of  the  public,  and  the  promotion  of  treaties  whenever 
they  might  be  found  to  constitute  a  desirable  means  of  combatting 
the  evil. 

This  movement  to  protect  the  unemployed  made  great 
strides  in  a  few  years.^  In  1912  England  put  into  operation 
the  first  national  system  of  compulsory  insurance  against  unem- 
ployment. For  a  number  of  years  previous  to  this,  Norway  and 
Denmark  had  national  laws  regulating  voluntary  insurance  of 
this  type,  while  voluntary  unemployment  insurance  by  workmen's 
societies  with  public  subsidy  but  without  legal  regulation  existed 
by  1914  in  Luxemburg,  France,  Holland,  Belgium,  Switzerland 
and  Italy.  Switzerland  had  public  voluntary  unemployment 
funds.  In  Germany  there  were  systems  of  communal  unem- 
ployment insurance  with  subsidies  for  industrial  societies  and 
social  organizations.  The  relative  merits  of  compulsory  and 
voluntary  unemployment  insurance  are  seriously  disputed;  the 
voluntary  method  was  represented  by  the  system  in  vogue  in 
Ghent  and  commonly  known  as  the  "Ghent  system,"  which  oper- 
ates upon  the  principle  of  the  subsidization  by  public  bodies  of 
the  unemployment  insurance  funds  of  industrial  unions.  From 
the  above  facts  it  is  evident  that  this  system  had  been  adopted 
more  generally  than  any  other.  Aside  from  insurance,  another 
one  of  the  goals  aimed  at  by  supporters  of  the  cause  is  an 
international  organization  of  city,  national,  and  international 
labor  exchanges  so  co-ordinated  as  to  regulate  the  migrations  of 
unemployed  labor  in  eveiy  part  of  the  world  to  the  mutual  ad- 
vantage of  States,  workmen,  and  employers. 

5  See  p.  88. 

«^m.  Leg.  Rev.,  IV,  (2)  pp.  375-387. 

99 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

After  Germany's  introduction  of  compulsory  social  insurance 
in  the  8o's,  the  question  of  state  insurance  became  one  of  general 
interest  to  European  nations,  and  in  order  to  render  possible  an 
exchange  of  views  and  experimental  knowledge  on  the  subject, 
the  First  International  Congress  on  Accidents  to  Labor  and  Work- 
men's Insurance  was  convened  at  Paris  in  1889  ^t  the  time  of 
the  universal  Paris  Exposition.  A  series  of  biennial  congresses 
have  followed  from  this  beginning  under  the  auspices  of  a 
permanent  committee  created  at  that  time  and  which  has  since 
developed  into  the  International  Association  on  Social  Insurance 
having  its  principal  offices  at  Paris.  (Permanent  Committee  on 
Social  Insurance)''  Its  quarterly  Bulletins  and  reports  of  its 
proceedings  have  covered  the  field  of  social  reform  in  a  most 
thorough  manner. 

In  concluding  our  survey  of  the  various  aspects  of  the  inter- 
national movement  for  the  legal  protection  of  labor,  it  remains 
to  note  what  the  immediate  tasks  for  the  future  seem  to  be  and 
what  the  lessons  taught  by  the  past.  In  the  first  important  stage 
of  the  movement  between  1880  and  1890,  greatest  unanimity  of 
opinion  obtained  in  support  of  five  propositions  constantly  re- 
peated In  the  various  resolutions  of  the  period.  Those  propo- 
sitions stood  for  the  establishment  by  international  agreement  of : 

( 1 )  Fourteen  years  as  the  minimum  age  for  the  admission  of 
children  into  industry; 

(2)  A  maximum  workday,  (with  opinion  about  equally  di- 
vided as  to  whether  it  should  be  an  eight-hour  or  a  ten-hour  day)  ; 

(3)  Weekly  rest; 

(4)  Prohibition  of  the  night-work  of  women; 

(5)  Protection  of  the  laborer  against  the  dangers  of  his  oc- 
cupation. 

Number  4  (prohibition  of  night- work  for  women)  has  been 
realized  by  international  agreement.  Through  workmen's  insur- 
ance and  protection  against  poisonous  phosphorus,  No.  5  (protec- 
tion against  dangers  of  occupation)  has  been  partially  fulfilled. 
No.  I  (making  fourteen  the  minimum  age  limit  for  child  labor) 
was  proposed  for  application  to  children's  night-work  by  the  out- 
lines drawn  up  at  the  last  conference  at  Bern  (Sept.  15,  1913). 
T  Am.  Leg.  Rev.,  IV,  (I)  pp.  161-173. 

100 


THE    MOVEMENT    IN    PERSPECTIVE 

The  prohibition  of  the  industrial  employment  of  children  under 
fourteen  years  of  age  was  incorporated  in  one  of  the  draft  con- 
ventions approved  by  the  International  Labor  Conference  of  the 
League  of  Nations  at  Washington,  D.  C,  in  1919.  No.  2  (the 
maximum  workday)  was  the  subject  of  a  draft  convention  of 
this  Conference  limiting  the  hours  of  work  to  eight  in  the  day 
and  forty-eight  in  the  week.  No.  3  (the  question  of  weekly 
rest)  constituted  a  problem  the  solution  of  which  the  Washing- 
ton Conference  did  not  undertake. 

In  the  period  extending  from  1890  to  1920,  ten  other  prin- 
ciples became  prominent  topics  for  consideration  by  the  advo- 
cates of  international  labor  legislation: 

(1)  International  exchange  of  facts  relating  to  labor  legis- 
lation and  the  administration  of  labor  laws; 

(2)  Protection  against  industrial  poisons,  particularly  white 
lead  and  white  phosphorus; 

(3)  Establishment  of  the  principle  of  the  equal  treatment  of 
foreigners  and  citizens  before  the  social  insurance  (particularly 
accident  insurance)  laws  of  each  country. 

(4)  Systematic  inspection  and  regulation  of  home  work; 

(5)  Prohibition  of  the  night- work  of  young  persons; 

(6)  Limitation  of  day-work  of  women  and  young  persons ; 

(7)  Problem  of  unemployment; 

(8)  Employment  of  women  before  and  after  childbirth; 

(9)  Protection  for  seamen; 

(10)  Problem  of  a  sanction. 

Of  these  propositions,  No.  1  (exchange  of  labor  data)  has 
been  realized  in  part  by  international  agreement  and  in  part  by 
practise.  Article  396  of  the  Peace  Treaty  provides  that  the 
functions  of  the  International  Labor  Office  of  the  League  of 
Nations  "shall  include  the  collection  and  distribution  of  informa- 
tion on  all  subjects  relating  to  the  international  adjustment  of 
conditions  of  industrial  life  and  labor...."  No.  2  (protection 
against  industrial  poisons)  has  been  partially  realized  by  an  inter- 
national agreement  concerning  the  prohibition  of  the  use  of 
white  phosphorus  in  the  manufacture  of  matches.  Recommen- 
dations concerning  the  prevention  of  anthrax  and  the  protection 

101 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

of  women  and  children  against  lead  poisoning  were  adopted  by 
the  Conference  at  Washington.  This  Conference  also  approved 
a  recommendation  concerning  the  establishment  of  government 
health  services.  No.  3  (equality  of  treatment  of  aliens  and  citi- 
zens with  respect  to  insurance  laws)  has  been  extensively  realized 
by  bipartite  treaties  between  different  countries.  The  Washing- 
ton Conference  adopted  a  recommendation  favoring  reciprocity 
in  admitting  alien  workers  to  the  benefit  of  protective  laws.  No. 
4  (home  work)  remained  a  subject  for  further  investigation. 
No.  5  (prohibition  of  the  night-work  of  young  persons  under 
eighteen  years  of  age)  was  the  subject  of  a  draft  convention 
approved  at  Washington.  No.  6  (limitation  of  the  day  work  of 
women  and  young  persons)  was  dealt  with  by  the  draft  conven- 
tion of  Bern  in  1913,  which  provided  for  a  maximum  ten-hour 
workday  for  women  and  young  persons  under  sixteen  years 
of  age.  The  war  prevented  its  adoption  as  an  international 
convention.  A  draft  convention  drawn  up  at  Washington  pro- 
vided for  a  maximum  eight-hour  workday  for  persons  employed 
in  public  or  private  industrial  undertakings,  and  so  rendered  the 
revival  of  the  older  convention  unnecessary.  No.  7  (problem  of 
unemployment),  and  No.  8  (employment  of  women  and  children 
before  and  after  childbirth)  also  formed  the  subjects  of  draft 
conventions  approved  at  Washington.*  No.  9  (protection  for 
seamen)  was  covered  by  the  second  International  Labor  Confer- 
ence of  the  League  of  Nations,  held  at  Genoa,*  June  15th  to 
July  10th,  1920.  This  Conference  adopted  three  draft  conven- 
tions for  the  protection  of  seamen  to  be  ratified  by  the  members 
of  the  League,  and  also  four  recommendations  to  be  submitted 
to  these  countries  with  a  view  to  effect  being  given  them  by 
national  legislation. 

Number  10  is  the  question  of  a  sanction,  or  that  which  is  to 
secure  the  international  enforcement  of  labor  laws  which  have 
been  adopted  by  the  common  consent  of  nations.  International 
law  has  been  popularly  conceived  as  possessing  but  an  inchoate 
sanction  at  best.     The  solution  of  this  problem,  which  has  been 

*For  a  discussion  of  the  subsequent  proceedings  of  the  International 
Labor  Organization,  see  the  Introduction,  pp.  xxxvii-xliii. 

102 


THE    MOVEMENT    IN    PERSPECTIVE 

deemed  a  principal  difficulty  in  most  international  movements, 
has  constituted  one  of  the  most  interesting  and  hopeful  features 
of  the  international  labor  movement.  The  social  reformers  and 
public-spirited  men  who  were  leaders  in  this  movement  recognized 
two  principles : 

(1)  Public  opinion  is  the  fundamental  sanction  of  interna- 
tional agreements; 

(2)  That  sanction  can  be  made  effective  only  by  an  efficient 
organization  through  which  the  public  will  can  express  itself. 

Although  the  meetings  of  socialists  and  of  international  trade 
unions  frequently  declared  themselves  in  favor  of  international 
labor  legislation,  they  did  not  furnish  the  efficient  organization 
through  which  the  public  actually  secured  the  adoption  of  such 
legislation.  The  agitation  of  socialists  for  international  action 
to  achieve  the  political  aims  of  socialism  and  the  efforts  of 
unionists  to  obtain  legislation  favorable  to  themselves  among 
different  nations  furnished  what  may  be  termed  the  background 
of  the  movement  to  protect  labor  by  international  laws.  A  few 
governments,  notably  that  of  Switzerland,  exerted  a  great  in- 
fluence in  favor  of  such  legislation ;  but  the  organization  which 
proved  the  most  effective  channel  for  the  expression  of  public 
opinion  and  the  most  efficient  agent  in  obtaining  the  official  adop- 
tion of  international  labor  laws  was  the  International  Association 
for  Labor  Legislation.  Before  the  war  the  sanction  that  had 
proved  effective  in  securing  the  enforcement  of  international 
labor  legislation  embodied  the  interpretation  and  education  of 
public  opinion  through  the  International  Labor  Office  of  this' 
Association,  functioning  continuously  in  the  endeavor  to  keep 
men  of  affairs  and  institutions  in  every  part  of  the  world  in 
touch  with  important  statutes,  opinions  and  events,  which  had  any 
direct  bearing  upon  the  aims  of  the  international  labor  movement. 
Action  with  reference  to  these  events  and  aims  was  secured 
through  the  national  sections  of  the  Association  in  various  coun- 
tries and  through  international  congresses.  The  Association 
gained  its  ends  largely  by  bringing  pressure  to  bear  upon  public 
officials  and  governments.  Although  the  national  sections  labored 
for  improved  conditions  in  the  various  countries,  the  Association 

103 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

recognized  that  the  protection  of  labor  through  international  laws 

was  the  ultimate  goal  of  its  efforts. 

The  International  Association  for  Labor  Legislation,  like  all 

human  institutions,  had  its  defects,  and  critics  did  not  fail  to 

point  them  out.     For  example,  Mr.  L.  S.  Woolf  in  his  work 

International  Government  published  by  the  Fabian  Society  said: 

.  .  .  .  .  It  would  not  be  unfair  to  say  that  within  the  Associa- 
tion the  impetus  comes  mainly  from  peoples  who  can  be  described 
as  "social  reformers"  and  secondly  from  Labour.  The  capitalist  and 
employing  interest  is  hardly  represented  at  all.  This  can  best  be 
shown  by  a  consideration  of  the  membership  of  the  British  Section. 
It  will  be  found  that  the  individual  members  are  almost  all  social 
reformers,  while  the  affiliated  societies  consist  of  nearly  thirty  labour 
organizations,  nearly  ten  societies  of  which  the  object  is  some  kind 
of  social  reform,  and  only  one  association  of  employers.  The  result 
is  that  at  a  general  meeting  of  the  International  Committee  you  do 
not  find  the  great  captains  of  industry  present  or  the  national  federa- 
tions of  capitalists  and  employers  represented,  and  the  conferences 
are  composed  of  the  delegates  of  Governments,  social  reformers, 
representatives  of  organized  labour,  and  a  very  few  of  the  more  en- 
lightened employers. 

We  shall  see  that  this  criticism  concerning  the  representation 
of  employers  does  not  apply  to  the  new  International  Labor 
Organization  created  by  the  Peace  Treaty,  in  which  capital  has 
equal  representation  with  labor. 

The  war  interrupted  the  activities  of  the  International  Associa- 
tion for  Labor  Legislation  and  caused  the  suspension  of  national 
and  international  labor  laws,  demonstrating  that  protective  labor 
institutions  cannot  function  properly  except  in  times  of  peace. 
The  movements  for  the  maintenance  of  peace  and  for  the  inter- 
national protection  of  labor  are  so  interdependent  that  any  league 
for  the  peaceful  control  of  international  activities  would  be  fore- 
doomed to  failure  if  it  alienated  a  large  proportion  of  the  work- 
ing classes  of  the  earth  by  omitting  an  adequate  program  for 
the  international  conservation  of  proper  labor  standards. 

Therefore  it  is  not  strange  that  one  of  the  principal  subjects 
covered  by  the  Peace  Treaty  of  1919  is  the  international  regula- 
tion of  industrial  conditions  and  the  international  protection  of 
labor  for  the  avowed  purpose  of  maintaining  universal  peace, 
because,  as  stated  in  the  preamble  to  the  labor  section  of  the 
Treaty,  "such  a  peace  can  be  established  only  if  it  is  based  upon 
social  justice."    The  Peace  Treaty  consists  of  fifteen  parts.    Part 

104 


THE    MOVEMENT    IN    PERSPECTIVE 

I  is  the  Covenant  of  the  League  of  Nations.  In  Article  23  of 
this  Covenant  is  a  clause  stating  that  the  members  of  the  League 
"will  endeavor  to  secure  and  maintain  fair  and  humane  conditions 
of  labor  for  men,  women  and  children,  both  in  their  own  coun- 
tries and  in  all  countries  to  which  their  commercial  and  indus- 
trial relations  extend,  and  for  that  purpose  will  establish  and 
maintain  the  necessary  international  organizations."  Part  XIII* 
of  the  Peace  Treaty  fulfills  this  pledge  by  creating  a  permanent 
official  International  Labor  Organization  to  which  all  members 
of  the  League  of  Nations  must  belong.  This  Labor  Organization 
consists  of: 

(1)  A  General  Conference  of  Representatives  of  the  Mem- 
bers of  the  League ; 

(2)  An  International  Labor  Office  controlled  by  a  Governing 
Body  and  located  at  Geneva,  the  seat  of  the  League  of  Nations. 

Thus  the  Treaty  of  Peace  gives  the  League  of  Nations  instru- 
ments similar  to  those  which  the  International  Association  for 
Labor  Legislation  had  proved  to  be  most  effective  for  interna- 
tional labor  regulation.  The  International  Association  for  Labor 
Legislation  has  not  ceased  to  exist,  but  it  has  surrendered  certain 
of  its  former  activities  to  the  larger  organization.  The  private 
International  Labor  Office  has  given  the  right  of  way  to  the 
official  International  Labor  Office,  and  the  meetings  called 
through  the  initiative  of  the  Association  have  been  superseded 
in  their  task  of  drawing  up  draft,  conventions  by  the  official 
meetings  of  the  General  Conference  of  the  Labor  Organization 
of  the  League. 

This  General  Conference  is  to  meet  at  least  once  every  year. 
Every  member  of  the  League  appoints  four  delegates,  two  of 
whom  represent  the  government,  while  the  two  others  represent 
respectively  the  employers  and  employees  of  the  nation.  Thus 
capital  and  labor  together  have  the  same  voting  strength  as  the 
government,  for  each  delegate  votes  individually.  The  repre- 
sentatives of  employers  and  workers  are  to  be  chosen  by  the 

*For  Part  XIII  of  the  Peace  Treaty,  see  the  Supplement,  p.  401. 
The  benefits  of  existing  social  insurance  are  guaranteed  to  workers 
in  ceded  German  territories  by  Article  312  which  is  not  in  Part  XIII 
of  the  Treaty. 

105 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

government  in  agreement  with  the  industrial  organizations  "which 
are  most  representative  of  employers  or  workpeoples"  (Art.  389). 
Delegates  may  be  accompanied  by  advisers  who  "shall  not  speak 
except  on  a  request  made  by  the  delegate  whom  they  accompany 
and  by  the  special  authorization  of  the  President  of  the  Con- 
ference, and  may  not  vote"  (Art.  389).  Advisers  are  allowed 
to  speak  and  vote  when  they  act  as  deputies  of  their  delegates. 
Decisions  in  the  General  Conference  are  reached  by  majority  vote 
of  the  delegates  save  for  five  special  exceptions  in  which  a  two- 
thirds  vote  is  required: 

(1)  "The  credentials  of  delegates  and  their  advisers  shall  be 
subject  to  scrutiny  by  the  Conference,  which  may  by  two-thirds 
of  the  votes  cast  by  the  delegates  present,  refuse  to  admit  any 
delegate  or  adviser  whom  it  deems  not  to  have  been  nominated 
in  accordance  with  this  Article."  (Art.  389). 

(2)  "The  meetings  of  the  Conference  shall  be  held  at  the 
seat  of  the  League  of  Nations,  or  at  such  other  place  as  may  be 
decided  by  the  Conference  at  a  previous  meeting  by  two-thirds 
of  the  votes  cast  by  the  delegates  present."  (Art  391). 

(3)  If  any  government  objects  to  any  items  on  the  proposed 
agenda  of  a  coming  conference,  such  items  may  not  be  considered 
unless  "at  the  Conference  a  majority  of  two-thirds  of  the  votes 
cast  by  the  delegates  present  is  in  favor  of  considering  them. 

"If  the  Conference  decides  (otherwise  than  under  the  preced- 
ing paragraph)  by  two-thirds  of  the  votes  cast  by  the  delegates 
present  that  any  subject  shall  be  considered  by  the  Conference, 
that  subject  shall  be  included  in  the  agenda  for  the  following 
meeting."  (Art.  402). 

(4)  "When  the  Conference  has  decided  on  the  adoption  of 
proposals  with  regard  to  an  item  in  the  agenda,  it  will  rest  with 
the  Conference  to  determine  whether  these  proposals  shall  take 
the  form :  (a)  of  a  recommendation  to  be  submitted  to  the  mem- 
bers for  consideration  with  a  view  to  effect  being  given  to  it  by 
national  legislation  or  otherwise,  or  (b)  of  a  draft  international 
convention  for  ratification  by  the  members. 

"In  either  case  a  majority  of  two-thirds  of  the  votes  cast  by 
the  delegates  present  shall  be  necessary  on  the  final  vote  for  the 

106 


THE    MOVEMENT    IN    PERSPECTIVE 

adoption  of  the  recommendation  or  draft  convention,  as  the  case 
may  be,  by  the  Conference."  (Art.  405). 

(5)  "Amendments  to  this  Part  of  the  present  Treaty  which 
are  adopted  by  the  Conference  by  a  majority  of  two-thirds  of 
the  votes  cast  by  the  delegates  present  shall  take  effect  when 
ratified  by  the  States  whose  representatives  compose  the  Council 
of  the  League  of  Nations  and  by  three-fourths  of  the  members." 
(Art.  422). 

The  International  Labor  Office  is  controlled  by  a  Governing 
Body  consisting  of  twenty-four  persons,  eight  of  whom  represent 
the  governments  of  the  nations  of  chief  industrial  importance. 
In  case  of  any  dispute  as  to  which  nations  are  of  chief  industrial 
importance,  the  Council  of  the  League  of  Nations  decides.  The 
nations  selected  at  the  first  meeting  of  the  General  Conference 
in  Washington  in  1919  as  belonging  to  this  class  were:  Belgium, 
France,  Great  Britain,  Italy,  Japan,  Germany,  Switzerland,  and 
pending  the  appointment  of  a  representative  of  the  United  States, 
Denmark.  The  failure  of  the  United  States  to  join  the  League 
of  Nations  precluded  it  from  participation  in  the  official  activi- 
ties of  the  Labor  Organization  of  the  League.  Although  Honor- 
able William  B.  Wilson,  Secretary  of  Labor  of  the  United  States, 
was  the  presiding  officer  of  the  Washington  Conference,  no 
official  delegates  of  the  United  States  were  present.  The  mem- 
bers not  included  among  the  eight  governments  of  the  chief  in- 
dustrial importance  are  represented  upon  the  Governing  Body 
of  the  Labor  Office  by  four  delegates  of  countries  selected  by 
the  delegates  to  the  General  Conference  who  do  not  represent 
the  "Big  Eight."  The  four  representatives  chosen  in  1919  were 
delegates  from  Spain,  Argentina,  Canada,  and  Poland.  Of  the 
remaining  twelve  members  of  the  Governing  Body,  six  are  chosen 
by  the  delegates  to  the  General  Conference  who  represent  the 
employers,  and  six  by  the  delegates  who  represent  labor.  The 
term  of  office  of  each  member  of  the  Governing  Body  is  three 
years.  The  Governing  Body  chooses  one  of  its  own  members  to 
act  as  chairman,  regulates  its  own  procedure,  and  determines  its 
own  times  of  meeting.  Special  meetings  are  held  upon  the  written 
request  of  at  least  ten  of  its  members.     The  Governing  Body 

107 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

also  appoints  the  Director  of  the  International  Labor  Office.  The 
Director  chooses  the  staff  which  must  include  women  appointees. 
He  acts  as  secretary  of  the  Conference.  Besides  the  collection 
and  distribution  of  information,  the  duties  of  the  Labor  Office 
include  preparing  the  agenda  for  meetings  of  the  general  Con- 
ference (with  a  view  to  the  conclusion  of  international  conven- 
tions), editing  and  publishing  in  French  and  English  a  periodical 
paper,  executing  the  measures  prescribed  for  the  settlement  of 
international  disputes,  and  such  other  tasks  as  the  Conference 
may  assign.  Correspondence  between  the  government  of  any 
member  and  the  Director  is  carried  on  through  the  government 
representatives  on  the  Governing  Body,  or  through  officials  nomi- 
nated by  the  government  for  this  purpose.  The  Labor  Office  is 
"entitled  to  the  assistance  of  the  Secretary-General  of  the  League 
of  Nations  in  any  matter  in  which  it  can  be  given."  (Art.  398). 
The  expenses  incurred  by  the  Labor  Office  are  paid  to  the 
Director  by  the  Secretary-General  out  of  the  general  funds  of 
the  League.  The  Director  is  of  course  responsible  to  the  Secre- 
tary-General for  the  proper  expenditure  of  such  money. 

The  Governing  Body  was  organized  November  25,  1919,  at 
Washington  with  Arthur  Fontaine  (France)  as  permanent  chair- 
man. From  January  26  to  28,  1920,  it  met  in  Paris,  where  it 
formally  adopted  the  draft  conventions  and  recommendations 
passed  by  the  Washington  Conference,  and  confirmed  the  ap- 
pointment of  Mr.  Albert  Thomas  who  had  been  provisionally 
selected  as  Director  of  the  International  Labor  Office.  Mr. 
Thomas  describes*  the  work  of  the  Office  as  being  carried  on 
by  a  Diplomatic  Section  and  a  Scientific  or  Intelligence  Section 
besides  numerous  Technical  Sections  consisting  of  specialized 
staffs.  It  is  the  duty  of  the  Diplomatic  Section  to  make  all  neces- 
sary preparations  for  the  annual  International  Labor  Conference, 
to  submit  agenda,  to  prepare  reports,  to  draft  conventions  for 
consideration  at  the  Conference,  and  to  see  that  the  international 
labor  laws  are  properly  enforced.  The  duties  of  the  Scientific 
or  Intelligence  Section  consist  in  collecting,  publishing  and  dis- 
tributing important  information  relating  to  the  labor  movement. 

*Solano,  "Labor  as  an  International  Problem,"  pp.  249-270. 

108 


THE    MOVEMENT    IN    PERSPECTIVE 

The  General  Conference  may  prepare  draft  conventions  to  be 
submitted  for  ratification  to  the  members  of  the  League  of  Na- 
tions, and  it  may  draw  up  recommendations  for  consideration 
with  a  view  to  their  adoption  by  the  national  legislatures  of  the 
members  of  the  League,  Each  member  of  the  League  agrees, 
within  one  year  if  possible,  and  at  least  within  eighteen  months 
from  the  closing  of  the  Conference,  to  submit  the  recommenda- 
tions or  draft  conventions  to  the  competent  national  authorities 
for  legislative  enactment  or  for  other  action.  If  after  its  best 
endeavors,  a  member  of  the  League  fails  to  obtain  the  legislative 
or  administrative  action  necessary  for  its  adoption  of  a  recom- 
mendation or  for  its  adherence  to  a  proposed  convention,  its 
obligation  ceases.  Moreover,  in  the  case  of  a  federal  state,  the  . 
power  of  which  to  enter  into  an  international  labor  agreement  is 
limited  because  of  its  constitutional  system,  special  exception  is 
made  by  which  the  draft  convention  may  be  treated  as  a  recom- 
mendation only. 

If  any  organization  of  employers  or  workers  files  a  complaint 
v/ith  the  International  Labor  Office  that  any  member  of  the 
League  is  failing  in  the  proper  enforcement  of  a  convention  which 
it  has  ratified,  the  Governing  Body  may  request  the  accused  gov- 
ernment to  state  its  view  of  the  case.  If  no  satisfactory  statement 
or  explanation  is  received  within  a  reasonable  time,  the  Govern- 
ing Body  may  publish  the  charge  and  such  statements  or  replies, 
if  any,  that  were  made  with  reference  to  it.  If  the  complaint 
is  made  by  a  member  of  the  League  or  if  it  originates  with  the 
Governing  Body  itself,  the  procedure  just  described  may  be  fol- 
lowed, or  the  Governing  Body  may  apply  to  the  Secretary-General 
of  the  League  for  the  appointment  of  a  Commission  of  Enquiry. 
Each  member  of  the  League  agrees  to  nominate  "three  persons 
of  industrial  experience,  of  whom  one  shall  be  a  representative  of 
employers,  one  a  representative  of  workers,  and  one  a  person  of 
independent  standing,  who  shall  together  form  a  panel  from 
which  the  members  of  the  Commission  of  Enquiry  shall  be 
drawn."  The  Governing  Body  may  reject  any  of  the  nominees 
by  a  two-thirds  vote.  "Upon  the  application  of  the  Governing 
Body,  the  Secretary-General  of  the  League  of  Nations  shall  nomi- 

109 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

nate  three  persons,  one  from  each  section  of  this  panel,  to  con- 
stitute the  Commission  of  Enquiry,  and  shall  designate  one  of 
them  as  the  President  of  the  Commission.  None  of  these  three 
persons  shall  be  a  person  nominated  to  the  panel  by  any  member 
directly  concerned  in  the  complaint."  (Art.  412). 

It  is  the  task  of  the  Commission  of  Enquiry  to  investigate  the 
question  at  issue  between  the  parties,  to  prepare  a  report  con- 
taining its  findings  and  recommendations,  and  to  indicate  "the 
measures,  if  any,  of  an  economic  character  against  a  defaulting 
government  which  it  considers  to  be  appropriate,  and  which  it 
considers  other  governments  would  be  justified  in  adopting." 
(Art.  414).  In  case  the  recommendations  of  the  Commission  of 
Enquiry  are  not  acceptable  to  any  of  the  governments  concerned 
in  the  complaint,  the  matter  may  be  referred  to  the  Permanent 
Court  of  International  Justice,  the  decision  of  which  is  final. 
]\Ioreover  if  any  member  of  the  League  fails  to  take  proper  action 
with  reference  to  recommendations  or  draft  conventions,  any 
other  member  has  the  right  to  refer  the  matter  to  this  Court. 

"In  the  event  of  any  member  failing  to  carry  out  within  the 
time  specified  the  recommendations,  if  any,  contained  in  the  re- 
port of  the  Commission  of  Enquiry,  or  in  the  decision  of  the 
Permanent  Court  of  International  Justice,  as  the  case  may  be,  any 
other  member  may  take  against  that  member  the  measures  of  an 
economic  character  indicated  in  the  report  of  the  Commission  or 
in  the  decision  of  the  Court  as  appropriate  to  the  case."  (Art. 
419).  Pending  the  creation  of  the  Permanent  Court,  disputes 
are  referred  to  a  tribunal  of  three  persons  appointed  by  the 
Council  of  the  League. 

By  these  provisions  of  the  Treaty  of  Peace  international  labor 
legislation  was  accorded  an  official  sanction.  The  labor  section 
of  the  Treaty  has  been  popularly  called  the  "Labor  Charter"  and 
the  "Magna  Charta  of  Labor."  Under  the  official  direction  of 
the  members  of  the  League  of  Nations  the  movement  to  protect 
labor  through  international  legislation  entered  upon  a  new  epoch 
in  its  history.* 

*For  a  discussion  of  the  subsequent  proceedings  of  the  International 
Labor  Organization,  see  the  Inlroduction,  pp.  xxxvii-xliii. 

110 


ILLUSTRATIONS 


Plate  I 

The  Effects  of  Phosphorus  Poisoning 

•    Plate  II 
Health  Insurance  in  Europe  Previous  to  1918 

Plate  III 

Legal  Limitation  of  Daily  Working  Hours  for  Women 
in  the  L'nited  States  in  1918 

Plate  IV 
Workmen's  Compensation  Laws  in  the  United  States  in  1918 


THIS  OCCUPATIONAL  DISEASE  HAS  BEEN 
ABOLISHED 

THROUGH  THE  EFFORTS  OF  THE  ASSOCIATION  FOR 
LABOR  LEGISLATION 


Rose  C. 
This  young  mother,  to  support  her  children  after  their  father's  death, 
went  to  work  in  a  match  factory.  After  four  years'  work  she  had  to  have 
her  upper  jaw  cut  out.  At  the  age  of  36  she  was  forced  to  look  for  work 
suited  to  the  strength  of  a  woman  who  must  subsist  the  remainder  of  her 
life  on  liquid  food. 


John  W. 
After  working  one  year  and  four  months  in  an  Ohio  match  factory  he 
contracted   "phossy  jaw,"  and   underwent  an  operation.     He   sued  the  cor- 
poration but  received  not  one  penny, 

"PHOSSY  JAW" 

The  Disease  Which  Formerly  Menaced  Workers  in 

Match  Factories  Where  Poisonous  Phosphorus  Was  Used 

iCourtesy  American  Association  for  Labor  Legislation.) 


%i 

o 

,^ 

y. 

^ 

< 

OS 

•/2 

^^^   ^ 

^ 

.^^V    i 

LO 

w 

^^^^^ 

H 

>< 

(/J 

^B  ^ 

H 

CO 

^^^^^^^^^^^^^^^^^^^^^^m^^^r''-  ^'  *™^^      ^ 

^^B  t 

A 

1- 

'^ 

-f 

^9  K 

-J 

H 
P. 
O 


\-l,         OH 


o 

< 

»— I 

H 
< 


t, 


u    W      ,2 


•a 

tLi  3 

<U^  [T, 

ii    O  ^ 

H  g        % 


(73     P 

C/3 

y. 

Q  ;;. 
H   ^ 


-^  is 

<     (d 

l-H  P^     P 

H  U     O 

2  5  > 

W  «  w 

p^  :;:  «- 

o  =  ^ 

^  M 

c/a  S  Q 

2  >  < 


O    ^ 


«  < 


a  « 


o 


PART  II 


International  Labor  Legislation 


CHAPTER  I 

CONVENTIONS   SIGNED  AT   BERN* 

Conference  of  Bern.   May  8-17,  1905. 

In  the  spring  of  1905,  fifteen  European  States  assembled  their 
representatives  behind  closed  doors  at  the  Conference  of  Bern 
with  the  object  of  outlining  international  conventions  to  prohibit 
the  use  of  white  phosphorus  in  the  manufacture  of  matches  and 
also  to  interdict  the  night-work  of  women.  The  sessions  were 
secret,  in  deference  to  the  earnest  solicitation  of  British  delegates, 
and  not  because  of  any  fear  in  this  instance  lest  the  diplomats 
might  have  in  mind  the  perpetration  of  acts  of  which  to  be 
ashamed.  It  was  optional  with  the  conferees  to  conclude  con- 
ventions on  the  spot,  reserving  of  course  the  exchange  of  ratifi- 
cations to  their  governments ;  or  to  draft,  under  the  scrutiny  and 
approval  of  technical  experts,  tentative  agreements,  leaving  it  to 
the  governments  to  transform  the  same  into  conventions  by 
direct  negotiations;  or  merely  to  draw  up  non-obfigatory  resolu- 
tions.^ The  second  of  these  three  courses  of  possible  action 
was  that  unanimously  adopted.  It  is  interesting  to  note  that  even 
Belgium,  whose  representative  at  the  Conference  of  Berlin  (i8qo) 
had  protested  against  the  aim  of  giving  practical  effect  to  the 
resolutions  there  formulated,  emphatically  acceded  to  the  action 
now  proposed.  Although  the  outlines  of  the  agreements  in  view 
were  prepared  with  the  prospect  of  their  probable  revision,  it 
was  nevertheless  understood  that  by  their  signatures  the  dele- 
gates pledged  their  governments  to  a  decision  on  the  matter  of 
adhesion  or  non-adhesion,  with  the  presumption  in  favor  of  their 
adhesion  to,  and  international  execution  of,  the  principles  sub- 

*  For  copies  of  the  Conventions,  see  Appendices. 
iG.  B.  Bd.  IV,  (1905)  S.  I. 

112 


CONVENTIONS  SIGNED  AT  BERN 

scribed.  This  presumption  gained  additional  force  from  the  fact 
that  many  governments  had  deputed  to  the  Conference  officials 
or  parliamentarians  of  high  rank  and  recognized  predilection  for 
the  project  of  regulating  labor  by  means  of  treaties.  Therefore  in 
the  deliberations  of  this  body  there  was  something  more  at  stake 
than  the  mere  discussion  of  the  "whys  and  wherefores"  of  the 
international  regulation  of  labor,  or  the  passage  of  a  laudable 
voeu  as  a  grand  finale  of  the  session ;  it  was  to  make  the  original 
drafts  ^  of  labor  conventions  destined  not  only  to  become  law  in 
a  majority  of  the  nations  of  Europe  as  well  as  in  many  of  their 
colonial  possessions,  but  also  the  first  international  conventions 
ever  executed  ^  by  a  number  of  parties,  for  the  avowed  and 
sole  purpose  of  internationally  protecting  labor. 

The  Conference  divided  into  two  committees  for  the  tasks 
in  hand.  Considerable  difficulty  arose  with  regard  to  the  aboli- 
tion of  white  (yellow)  phosphorus  from  industry,  due  to  the  com- 
peting interests  of  the  different  States.  Neither  of  the  two  late 
belligerents  in  the  Far  East,  Japan  and  Russia,  being  present, 
the  participation  of  either  of  them  in  the  proposed  measures  was 
entirely  problematical,  while  at  the  same  time  it  was  recognized 
that  any  restriction  of  the  employment  of  white  phosphorus, 
exclusive  of  Japan,  would  cause  serious  prejudice  to  the  trade 
of  England,  Hungary,  and  Norway.  An  agreement,  however, 
was  finally  reached,  by  the  articles  of  which  it  would  become 
unlawful,  after  Dec.  31,  1910,  to  import  (introduire) ,  manufac- 
ture, or  offer  for  sale  matches  containing  white  or,  as  the  Ger- 
mans termed  it,  yellow  phosphorus;  provided  all  the  countries 
represented  at  the  meeting,  and  also  Japan,  should  adhere  and 
deposit  their  record  of  ratification  by  Dec.  31,  1907,  thereby 
agreeing  to  put  the  Convention  into  actual  operation  three  years 
after  that  date,  vh.,  on  Jan.  i,  191 1.  But  in  this  connection  the 
spokesman  of  the  committee  took  pains  to  intimate  that  failure 
in  the  immediate  fulfillment  of  certain  of  these  conditions  would 
not  necessarily  preclude  the  Convention's  ultimate  realization. 

The  States  which  refused  to  sign  the  phosphorus  pact  were 

2G.  B.  Bd.  IV,  pp.  1-2. 

3  In  this  volume  the  terms  "execute"  and  "execution"  in  reference  to 
treaties  are  not  used  to  connote  the  act  of  "signing,"  but  rather  of  "bring- 
ing into  force." 

"3 


THE     INTERNATIONAL    PROTECTION    OF    LABOR 

Denmark,  which  observed  the  failure  of  such  an  attempt  in  cer- 
tain of  its  possessions,  and  Norway,  Sweden,  and  Great  Britain. 
The  States  adhering  were :  Germany,  Austria,  Hungary,  France, 
Spain,  Belgium,  Holland,  Luxemburg,  Italy,  Portugal,  and  Swit- 
zerland.* 

The  agreement  relative  to  the  night-work  of  women  did  not 
yield  to  as  concise  and  brief  a  statement  as  its  contemporary. 
The  first  Article  placed  a  sweeping  interdiction  upon  industrial 
night- work  for  all  women,  debarring  exceptions  subjoined.  The 
adoption  of  this  measure  presaged  the  advent  of  radical  reform  in 
legislation  among  many  of  the  countries.  Spain  prohibited  the 
night- work  of  females  under  the  age  of  fourteen  only ;  Luxem- 
burg and  Hungary,  under  sixteen;  Denmark,  Norway  and 
Sweden  under  eighteen ;  Portugal  and  Belgium  under  twenty-one. 
Article  I  further  designated  as  subject  to  this  prohibition  all 
industrial  enterprises  employing  more  than  ten  laborers,  exclud- 
ing such  as  engaged  only  members  of  the  occupier's  own  im- 
mediate family.  The  quest  for  a  satisfactory  basis  by  which 
to  delimit  the  application  of  the  law  was  fraught  with  no  little 
difficulty  since  greai  dissimilarity  prevailed  among  the  standards 
employed  by  different  countries  in  reference  to  the  work  of 
women.  Great  Britain,  France,  and  Holland  prohibited  the 
night-work  of  the  sex  in  large  and  small  industries ;  in  Belgium, 
generally  speaking,  the  statutes  forbade  it  to  the  young,  which 
was  likewise  the  basis  of  prohibition  in  Spain  and  Luxemburg; 
in  Denmark,  Italy,  and  Portugal,  prohibitory  law  confined  itself 
to  establishments  employing  over  five  workers  or  using  power- 
driven  machinery;  in  Switzerland  it  applied  to  manufactories 
having  more  than  five  workers  with  power-driven  machinery  or 
with  employees  under  eighteen  years  of  age,  or  having  more  than 
ten  workers  without  power-driven  machinery;  in  Austria  and 
Hungary,  it  involved  establishments  with  more  than  twenty  labor- 
ers, power-driven  machinery,  or  with  labor  shifts,  etc.;  while  in 
Germany,  Norway,  and  Sweden,  still  other  regulations  obtained 
less  definite  but  pertaining  to  enterprises  possessed  of  the  char- 

*  The  following  States  had  previously  passed  laws  prohibiting  or 
restricting  the  use  of  v.hite  phosphorus  in  the  match  industry:  Germany 
(1903,  but  to  take  eifect  in  1907),  France  (1898),  Holland  (1901),  Switzer- 
land (1898),  Denmark  (1874). 

114 


CONVENTIONS  SIGNED  AT  BERN 

acteristics  of  large-scale  industry.  The  committee,  after  review- 
ing this  diversity  in  legislation,  excluded  from  the  scope  of  the 
agreement  industries  employing  not  more  than  ten  laborers,  on 
the  grounds  that  such  supplied  the  local  market  only,  were  not 
of  international  concern,  and  employed  but  a  minor  percentage 
of  the  feminine  working  population  anyway.  The  use  of  power- 
driven  machinery  was  found  to  offer  no  satisfactory  basis  of 
demarcation  since  the  use  of  small  motors  and  electrical  devices 
had  become  so  universal  that  the  smallest  industries  and  home 
shops  would  thereby  become  included  in  international  regulation, 
while  the  number  of  female  employees  thereby  protected  would 
be  negligible.  Regulation  of  such  small  concerns  was  held  to 
belong  to  the  domain  of  the  individual  states.  Having  thus  de- 
termined the  size  of  the  industrial  enterprises  comprehended. 
Article  I  next  indicated  the  general  categories  of  business  con- 
templated by  the  term,  "industrial  enterprise,"  specifying  as  in- 
cluded therein,  mines,  quarries,  and  manufacturing  establish- 
ments, to  the  exclusion  of  purely  agricultural  or  commercial  un- 
dertakings. The  spokesman  of  the  committee  explained  that 
the  manufacture  of  raw  sugar  from  beets  would  be  classified  as 
an  industrial  enterprise,  while  the  hotel  business  on  the  other 
hand  would  be  without  the  meaning  of  the  regulation.  The 
precise  delimitation,  however,  of  these  categories  is  left  to  the 
legislation  of  each  State. 

Article  II  stipulated  that  the  legal  international  night  of  rest 
for  women  was  to  be  of  eleven  hours'  duration,  including  in  all 
cases  the  hours  between  lo  p.m.  and  5  a.m.  Switzerland  had  pro- 
posed an  invariable  period  of  rest  extending  from  8  p.m.  to  6 
a.m.;  but  fortunately  the  above  device  was  hit  upon  for  both 
rigidity  and  elasticity  of  regulation  at  one  and  the  same  time; 
the  clause  adopted  leaves  it  to  each  nation  to  arrange  certain  of 
the  hours  of  the  international  night  to  suit  the  convenience  of  its 
industry,  while  other  hours,  viz.,  from  10  p.m.  to  5  a.m.,  essen- 
tial to  the  rest  of  the  worker,  are  made  determinate  and  obliga- 
tory in  all  countries  irrespective  of  their  industrial  peculiarities. 
Thus  concomitant  and  consistent  with  its  rigidity  and  uniformity 
of  regulation,  the  instrument  leaves  to  each  nation  the  option  of 
fixing  the  international  night  between  eight  or  more  differing  pe- 

115 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

riods  of  time,  namely,  6  p.m.-5  a.m. ;  6^-5^ ;  y-6;  7^-6/^ ;  8-7; 
^y2-7y2  ;  9-8 ;  10-9.  Moreover,  eleven  hours  constitute  merely  the 
legal  minimum ;  it  is  optional  with  each  State  to  extend  the  period 
of  rest  if  desired.  This  elasticity  was  designed  to  render  the 
agreement  applicable  to  all  countries,  whether  of  frigid  or  equa- 
torial temperature;  and  when  later  at  the  Diplomatic  Conference 
in  1906  it  was  transformed  into  a  Convention,  there  were  added 
provisions  that  made  for  its  still  greater  adaptableness  in  this 
respect.  It  should  be  noted  that  these  observations  with  reference 
to  the  outlines  apply  with  equal  force  to  this  Convention,  of  which 
they  were  but  the  precursor  and  which  subsequently  became 
law  between  the  nations. 

The  method  just  described  of  defining  the  international  night 
was  without  precedent.  In  all  the  legislation  of  the  States,  such 
periods  of  uninterrupted  rest  had  been  established  by  stipulating 
the  time  from  a  definite  evening  hour  to  a  definite  morning  hour ; 
e.g.,  two  States  had  chosen  the  hour  from  7  p.m.  to  5  a.m. ;  six 
States,  8-6;  one,  8j^-5^ ;  one,  8-5;  four,  9-5;  and  one,  9-6. 

The  exceptions  to  the  prohibition  of  women's  night-work  were 
provided  for  in  Section  2  of  Article  II  and  in  Articles  III-V.  For 
the  sake  of  signatories  having  no  law  covering  the  night-work 
of  adult  females,  the  length  of  the  night's  rest  could  be  limited 
to  ten  hours  for  a  transitional  period  of  three  years,  which  would 
obviously  be  reckoned  from  the  time  of  the  Convention's  exe- 
cution, Jan.  I,  191 1,  and  would  consequently  extend  to  Jan.  i, 
1914.®  Exemptions  from  the  prohibition's  operation  might  also 
be  made  in  cases  of  extreme  necessity,  or  when  required  to  avert 
the  otherwise  inevitable  loss  of  materials  susceptible  of  rapid  de- 
terioration, while  for  industries  subject  to  the  influence  of  the  sea- 
sons as  well  as  for  any  industry  under  unusual  circumstances, 
the  length  of  nocturnal  rest  might  be  reduced  to  ten  hours  during 
sixty  days  in  the  year.  Moreover  in  providing  for  the  deposi- 
tion of  ratifications  not  later  than  Dec.  31,  1907,^  three  years  sub- 
sequent to  which  the  Convention  would  come  into  force  (Jan.  i, 
1911),^  it  was  stated  that  in  so  far  as  its  terms  applied  to  manu- 
factories of  raw  beet  sugar,  wool  combing  and  weaving  estab- 
lishments, or  open  works  of  mining  operations  suspended  at 
least  four  months  in  the  year  on  account  of  climatic  conditions, 

•These  dates  were  later  changed. 

116 


CONVENTIONS  SIGNED  AT  BERN 

tlie  three-year  interim  between  the  deposition  of  ratifications  and 
subsequent  execution  might  be  extended  to  ten  years. 

The  signers  of  this  draft  convention  were:  Denmark,  Austria, 
Hungary,  Belgium,  Germany,  Italy,  France,  Spain,  Luxemburg, 
Norway,  Holland,  Portugal,  Switzerland.  The  representatives 
of  Great  Britain  declared  their  lack  of  authority  to  sign  but 
maintained  that  the  British  Government  shared  the  sentiments 
which  animated  the  Conference.  Sweden's  delegates  similarly 
voiced  the  hope  that  the  principles  advocated  by  the  Conference 
would  succeed  to  adoption  by  their  country,  perhaps  before  the 
expiration  of  the  time  provided  by  the  instrument.  The  United 
States  was  not  represented  in  these  deliberations. 

Intervening  Events. 

In  a  Circular  Note  ^  of  June  26,  1905,  the  Swiss  Federal  Coun- 
cil proposed  to  the  powers  the  convocation  of  a  diplomatic  con- 
ference to  enact  the  preceding  tentative  agreements  into  real  Con- 
ventions. Under  date  of  June  14,  1906,^  another  Circular  Letter 
recorded  the  results  of  the  proposal  to  the  effect  that  favorable 
replies  had  been  received  .from  Germany,  Austria,  Hungary, 
France,  Belgium,  Denmark,  Italy,  Luxemburg,  Switzerland  and 
the  Netherlands.  Portugal  and  Sweden  were  ready  to  accede 
to'lhe  agreement  that  related  to  the  work  of  women;  Norway 
sympathizd  with  the  movement,  but  was  not  ready  to  participate ; 
the  United  Kingdom  was  ready  to  adhere  to  the  prohibition  of 
the  night-work  of  women  under  certain  conditions.  In  her 
conditions,  England  stipulated  that  all  the  States  engaged  in 
international  competition  should  adhere;  that  the  adhesion  of 
other  States,  in  which  certain  industries  might  develop,  should 
be  made  possible;  and  that  there  should  be  a  sufficient  guarantee 
that  the  provisions  of  the  Convention  would  be  executed.  Fur- 
thermore, the  British  Government  asked  that  some  conclusion 
be  arrived  at  both  with  respect  to  the  period  during  which  the 
Convention  should  apply  and  the  feasibility  of  instituting  a  stand- 
ing commission  to  investigate  alleged  contraventions  of  the  same 


•  E.  B.  I,  (7-8)  p.  XXXII. 
Ubid.,  pp.  XXXII— XXXIII. 


117 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

as  well  as  to  propose  whatever  amendments  chemical  or  mechani- 
cal inventions  might  make  necessary  from  time  to  time.  With 
reference  to  the  interdiction  of  the  use  of  white  phosphorus  the 
Government  refused  to  express  an  opinion. 

On  June  12,  1906,  Mr.  Sarrien  of  the  French  Cabinet  known 
by  his  name  referred  to  the  Bern  Conventions  in  the  following 
language : * 

"The  conflicts  between  capital  and  labor  are  becoming  daily 
more  frequent  and  more  acute,  they  run  the  risk  of  affecting 
adversely  the  prosperity  of  commerce  and  industry,  and  we  be- 
lieve that  it  is  time  to  study  seriously  the  means  of  preventing 
their  return.  .  .  . 

".  .  .  Economic  problems  are  playing  every  day  a  more  im- 
portant role  in  the  equilibrium  of  the  world,  and  certain  social 
questions  cannot  be  completely  solved  by  international  legisla- 
tion without  an  international  agreement. 

".  .  .  An  initial  step  is  being  taken  in  this  direction  on  the 
initiative  of  the  Committee  of  the  International  Association  for 
the  Legal  Protection  of  Labor.  A  Convention  has  been  drafted 
with  a  view  to  insuring  the  prohibition  of  the  industrial  night- 
work  of  women,  as  well  as  the  prohibition  of  the  use  of  white 
phosphorus  in  the  manufacture  of  matches.  The  5th  of  last  April 
we  made  known  that  the  Republic  would  give  its  definite  and  un- 
reserved adhesion  to  that  Convention. 

"We  shall  seek  to  extend  by  degrees  the  sphere  of  these  in- 
ternational agreements  on  labor  questions.  Thus,  in  the  social 
and  economic  sphere  as  in  the  domain  of  politics  properly  so- 
called,  we  shall  hope  to  serve  at  the  same  time  the  cause  of  the 
internal  peace  of  the  Republic  and  that  of  universal  peace." 

The  Swiss  Note  of  June  14  fixed  the  date  of  the  impending 
Conference  for  Sept.  17,  and  the  place  at  Bern.  Another  Note, 
sent  Sept.  4,  announced  that  the  Japanese  Government  would 
not  participate.  The  Note  also  laid  before  the  governments  the 
proposal "  of  the  British  Secretary  of  Foreign  Affairs  for  the 

*  L.  Chatelain — La  Protection  Internationale  ouviere,  pp.  5-6. 
» E.  B.  I,  (7-8)  pp.  XXXIII ;  XXXV. 

118 


CONVENTIONS  SIGNED  AT  BERN 

establishment  of  a  permanent  International  Commission  whose 
task  it  should  be  to  superintend  the  execution  of  International 
Labor  Conventions  in  conjunction  with  such  duties  as  the  fol- 
lowing : 

1.  To  give  opinions  on  disputed  points  and  complaints; 

2.  To  investigate  and  report  facts  in  the  case; 

3.  As  a  last  resort  in  cases  of  dissension,  to  promote  arbitral 
proceedings  at  the  request  of  one  of  the  High  Contracting  Parties ; 

4.  To  consider  programs  for  conferences  on  industrial  ques- 
tions. 

International  Diplomatic  Conference  of  Bern.    Sept.  17-26,  igo6. 

The  above  proposal  was  unacceptable  to  Germany,  Austria, 
Hungary,  and  Belgium,  it  being  asserted  that  although  represen- 
tatives of  particular  countries  would  have  expert  knowledge  of 
the  systems  peculiar  to  their  country,  nevertheless  the  other  mem- 
bers of  the  commission  could  outvote  them  at  pleasure  in  the 
adoption  of  measures  of  vital  import  to  those  systems  and  af- 
fecting them  adversely;  and  that,  besides,  the  proper  method  of 
settling  disputed  points  would  be  to  call  further  conferences. 

Two  Conventions  ^°  were  signed  on  Sept.  26,  1906,  by  the  pleni- 
potentiaries of  the  contracting  States,  reserving  ratification  to 
their  respective  governments.  The  States  signatory  to  the  Con- 
vention for  the  Prohibition  of  the  Night- Work  of  Women  were : 
France,  Spain,  Germany,  Austria,  Hungary,  the  United  Kingdom, 
Italy,  Luxemburg,  the  Netherlands,  Portugal,  Denmark,  Sweden, 
Switzerland,  and  Belgium.  Denmark  was  to  be  allowed  to  post- 
pone the  deposit  of  her  ratifications  until  the  Danish  Factory 
Act  of  April  II,  1901  should  be  revised  during  the  autumn  of 
1910.^^  That  Great  Britain  and  Sweden  were  of  the  number  is 
to  be  specially  noted  as  they  did  not  sign  the  draft  agreement 
in  the  former  Conference  in  1905 ;  while  Norway,  a  signer  of 
the  agreement  of  1905,  was  not  among  the  signatories  in  1906. 

Nothing  contemplated  by  the  agreement  of  the  previous  year 
was  excluded  from  the  Convention ;  the  latter  did,  however,  am- 


loE.  B.  I.   (4-8),  pp.  273-276. 
11  £.  B.  I,  (7-8)  p.  xxxiv. 


119 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

plify,  add  to,  and  make  more  precise  the  terms  of  its  model. 
The  first  four  articles  of  the  two  documents  were  practically 
identical.  Article  V  was  a  departure ;  it  evinced  unwonted  pains 
on  the  part  of  the  envoys  to  emphasize  the  obligations  inherent 
in  the  Convention,  declaring  that  it  was  incumbent  upon  each  of 
the  contracting  parties  to  take  the  administrative  measures  nec- 
essary to  insure  on  its  territory  the  strict  execution  of  the  pro- 
visions. In  addition  to  this,  it  stipulated  a  procedure  that  might 
be  said  to  partake  slightly  of  the  nature  of  a  sanction:  the  gov- 
ernments were  to  communicate  to  one  another  all  laws  and  regu- 
lations upon  the  subject,  then  or  thereafter  in  force,  and  to  make 
periodic  transfer  of  reports  concerning  their  application.  Thereby 
dereliction  in  the  enforcement  of  the  Convention  could  be  readily 
apprehended  by  sister  States  whose  joint  diplomatic  effort  might 
avail  to  restore  the  delinquent  to  the  path  of  rectitude. 

Still  further  did  the  Convention  outdo  its  archetype,  when  it 
came  to  specify  the  potential  scope  of  its  operations;  for  by 
Article  VI,  colonies,  possessions,  and  protectorates  could  adhere 
when  notification  to  that  effect  should  be  tendered  the  Swiss 
Federal  Council  by  their  metropolitan  government.  Also,  sov- 
ereign powers  outside  of  Europe  were  contemplated  specifically 
in  the  provisions  of  Articles  VII  and  IX.  The  aforesaid  Arti- 
cles endeavored  to  lend  sufficient  elasticity  to  the  Convention  to 
make  it  adaptable  to  peculiar  circumstances  and  conditions  that 
might  otherwise  preclude  its  application.  For  example,  upon 
notifying  the  adhesion  of  colonies,  possessions,  or  protectorates, 
the  home  government  could  except  from  the  operation  of  the 
law  such  native  works  as  did  not  admit  of  inspection;  or,  if 
conditions  of  climate  or  native  population  in  dependencies,  or 
States  outside  of  Europe,  were  such  as  to  make  the  international 
night  untenable,  the  period  of  unbroken  rest  could  be  reduced 
below  the  established  minimum  of  eleven  hours  on  condition  that 
compensatory  rest  should  be  accorded  during  the  day. 

The  date  for  closing  the  proces-verbal  of  the  deposit  of  ratifi- 
cations was  extended  from  Dec.  31,  1907,  to  the  same  date  in 
1908,  leaving  an  interval  of  two  years  instead  of  three  before 
the  time  (Jan.  i,  191 1)  set  for  the  Convention's  execution.  Non- 
signatory  States  could  declare  their  adhesion  by  an  act  addressed 

120 


CONVENTIONS  SIGNED  AT  BERN 

to  the  Swiss  Federal  Council,  in  which  case,  as  also  in  case  of 
a  colony,  possession,  or  protectorate,  the  interval  before  execu- 
tion would  be  reckoned  from  the  date  of  adhesion.  No  party  to 
the  Convention  could  lawfully  denounce  it  within  twelve  years 
of  the  closing  of  its  record  of  ratification,  thus  guaranteeing  it 
a  fair  trial.  Thereafter,  it  might  be  denounced  from  year  to 
year,  the  revocation  to  take  effect  one  year  after  it  had  been 
notified  to  the  Swiss  Federal  Council  by  the  proper  authority. 

The  powers  signing  the  second  Convention  respecting  the  prO' 
hibition  of  the  importation,  manufacture,  or  sale  of  matches 
containing  white  (yellow)  phosphorus  were:  Switzerland,  Den- 
mark, France,  Italy,  Luxemburg,  the  Netherlands,  and  the  Ger- 
man Empire.  Italy  in  particular  had  much  at  stake  in  this  move . 
as  she  was  one  of  the  most  important  producers  of  matches. 
Five  States  which  signed  the  agreement  of  1905  failed  to  sign 
the  Convention.  These  States  were  Austria  and  Hungary,  excus- 
ing themselves  because  of  the  non-adhesion  of  Japan;  Portugal, 
because  in  1895  it  had  granted  a  match  monopoly  to  last  for  thirty 
years;  and  Belgium,  and  Spain.  Denmark  had  not  signed  the 
outlines,  but  now  adhered  to  the  Convention.  Norway,  Sweden, 
and  the  United  Kingdom  did  not  sign  on  either  occasion,  al- 
though the  British  delegates  signified  willingness  to  adhere  if 
all  the  others  did  likewise.  By  the  agreement  of  the  year  pre- 
ceding, the  execution  of  the  phosphorus  law  had  been  made  con- 
ditional upon  the  concurrence  therein  of  all  the  States  represented 
and  Japan,  but  this  condition  was  not  attached  to  the  Convention 
of  1906. 

The  same  stipulation  that  found  place  in  the  other  Convention 
in  emphasis  of  the  obligation  rigidly  to  enforce  the  law  enjoined 
thereby  and  mutually  to  report  all  official  action  germane  to  the 
matter,  were  added  to  this  Convention  by  Article  II;  while,  in 
further  similarity  to  the  first  Convention,  its  sphere  of  application 
was  so  extended  as  to  render  possible  the  adhesion  of  colonies, 
possessions,  or  protectorates,  and  States  not  then  signatory.  The 
ratifications  of  the  co-signatory  nations  were  to  be  deposited  by 
Dec.  31,  1908,  and  the  Convention  was  to  come  into  force  three 
years  from  that  date  (Jan.  I,  1912),  while  for  non-signatory 
States  and  dependencies,  a  period  of  five  years  was  to  intervene 

121 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

between  the  time  of  notifying  their  adhesion  and  making  good  its 
execution.  Also,  the  provisions  for  denunciation  paralleled  those 
of  the  first  Convention,  with  the  one  exception  that  five  years 
instead  of  twelve  constituted  the  period  within  which  it  could 
not  lawfully  be  abrogated  by  any  one  of  the  parties  to  it. 

Into  the  Conference's  deliberations  relative  to  the  first  Con- 
vention, there  had  been  injected  a  discussion  of  vital  import  to 
both,  as  well  as  to  all  such  conventions  that  may  ever  be  framed ; 
it  seemed  to  provoke  no  slight  difference  of  opinion  at  the  time 
and  perturbed  the  Conference  not  a  little.  This  concerned  the 
institution  of  a  sanction.  English  delegates  advocated  the  adop- 
tion of  the  following  most  clearly  defined  sanction  up  to  that 
time  proposed  for  labor  conventions  signed  by  several  govern- 
ments. 

"The  High  Contracting  Parties  agree  upon  the  creation  of  a 
commmission  charged  with  superintending  the  execution  of  the 
provisions  of  the  present  convention.  That  commission  should 
be  composed  of  delegates  of  the  different  contracting  States.  .  .  . 
The  commission  shall  have  the  function  of  expressing  opinion  on 
litigious  questions  and  complaints  which  shall  be  submitted  to  it. 
It  shall  have  only  the  function  of  authentication  and  examina- 
tion. It  shall  make  on  all  the  questions  which  shall  be  submitted 
to  it,  a  report  which  shall  be  communicated  to  the  States  con- 
cerned. In  the  last  resort,  a  question  in  litigation  shall,  on  de- 
mand of  one  of  the  High  Contracting  Parties,  be  submitted  to 
arbitration.  In  case  the  High  Contracting  Parties  should  be  dis- 
posed to  call  conferences  on  the  subject  of  the  condition  of 
laborers,  the  commission  shall  be  charged  with  the  discussion  of 
the  program  and  shall  serve  as  an  organ  for  the  exchange  of 
preliminary  views."  " 

But  this  seemed  to  some  to  risk  the  subversion  of  law  and  ad- 
ministrative powers  of  the  State  and  to  constitute  an  attack  upon 
the  principle  of  their  sovereignty.  Indeed,  infinite  wisdom  and 
due  diligence  would  certainly  need  to  be  exercised  by  a  commis- 
sion appointed  to  the  stupendous  task  of  ascertaining  and  inves- 
tigating on  an  international  scale  the  various  industries  in  which 
women  might  be  found  to  be  employed  at  night  in  contravention 

i«L.  Chatelain,  op.  cit.,  pp.  118-119. 

122 


CONVENTIONS  SIGNED  AT  BERN 

of  the  law.  This  question  of  a  proper  sanction  constitutes  one  of 
the  most  difficult  and  vital  problems  of  the  whole  movement;  for 
unless  the  tmiform  and  effective  enforcement  of  international 
law  on  labor  can  be  realized,  it  is  self-evident  that  it  is  fore- 
doomed to  failure.  An  attenuated  voeu  was  finally  signed  by 
representatives  of  ten  States  for  the  institution  of  a  commission 
of  purely  consultative  character  to  which  questions  or  disputed 
points  might  be  referred  and  whose  duty  it  would  be  to  give  opin- 
ions as  to  equivalent  conditions  pursuant  to  which  there  might  be 
accepted  the  adhesions  of  states  outside  of  Europe,  as  well  as  of 
possessions,  colonies,  protectorates,  where  the  climate  or  condi- 
tion of  the  natives  would  demand  modifications  of  detail  in  the 
Convention.  Such  a  commission  might  also  serve  as  a  medium 
for  convening  conferences.  Nevertheless,  the  contracting  States 
would  have  the  right  to  submit  questions  to  arbitration  in  con- 
formity to  Article  i6  of  The  Hague  Convention,  even  if  the 
matter  had  previously  been  the  object  of  an  expression  of  opin- 
ion by  the  commission. 

Results  of  the  Bern  Convention  on  Night-Work. 

One  month  (Oct.  23,  1906)  after  the  foregoing  events,  the 
Swiss  Federal  Government  sent  to  the  various  powers  dupli- 
cates of  the  Conventions  signed  at  Bern,  and  called  attention  to 
the  fact  that  the  time  allowed  for  depositing  ratifications  expired 
Dec  31,  1908,^'  and  requested  the  governments  to  express  their 
pleasure  with  reference  to  the  establishment  of  the  permanent 
international  commission  of  supervisory  powers  that  had  been 
proposed  over  the  signatures  of  ten  States.  The  States  however 
did  not  create  such  a  commission. 

The  Government  of  Luxemburg  was  empowered  to  ratify 
and  enforce  the  Bern  Convention.^*  Hitherto  employment  in 
mines,  open  mining  and  quarries  had  been  forbidden  entirely  to 
women,  while  girls  under  sixteen  were  not  allowed  employment 
at  night  in  any  industrial  establishment  at  all ;  otherwise  the  night- 
work  of  women  had  not  been  prohibited ;  but  now  by  adhesion  to 
the  Convention,  the  prohibition  of  night-work  was  extended  to  all 

"  E.  B.  I,  (9-12)  p.  Iv. 
^*Ibid.  II,  (1)  p.  V. 
Act  of  August  3,  1907. 

123 


THE     INTERNATIONAL    PROTECTION     OF    LABOR 

women  and  the  minimum  night's  rest  which  had  been  eight  hours 
long  was  increased  to  eleven  hours ;  thus,  the  ratification  and  en- 
forcement of  the  Convention  in  Luxemburg  marked  a  distinct  ad- 
vance in  the  protective  legislation  of  that  country,  and  serves  to 
illustrate  the  character  of  reforms  wrought  among  the  signatory 
powers  in  general. 

Although  Great  Britain  had  refused  to  sign  either  the  agree- 
ment (1905)  or  the  Convention  (1906)  on  the  subject  of  woman's 
work,  she  adhered  within  the  prescribed  time  limit  (Dec. 
31,  1908),  accompanied  by  a  most  gratifying  brood  of  dependen- 
cies. By  an  Act  under  date  of  August  9,  1907,  the  English  Par- 
liament repealed  sections  of  the  Factory  and  Workshop  Act  and 
of  the  Coal  Mines  Regulation  Act  of  1887,  conflicting  with  the 
Bern  Convention  on  night-work.  Denmark,  Spain,  Italy  and 
Sweden,  not  having  deposited  their  ratifications  before  Dec.  31, 
1908,  entered  into  an  agreement  with  the  remaining  signatory 
States  by  which  these  four  nations  gained  the  privilege,  equally 
with  those  States  that  did  not  sign  the  Convention  (see  Article 
IX),  to  notify  their  adhesion  at  a  subsequent  date.  Although 
for  Denmark  special  exception  had  previously  been  made,  she 
did  not  give  notice  of  adherence.  Also  Spain  did  not  ratify  the 
Convention;  but  by  an  Act  of  July  11,  1912,  she  prohibited  the 
night- work  of  married  women  and  widows  having  children,  in 
shops  and  factories  after  date  of  Jan.  14,  19 14.  As  regards 
unmarried  women  and  childless  widows,  the  number  of  such  em- 
ployees is  to  be  gradually  reduced  by  6%  every  year  until  Jan. 
14,  1920;  from  this  date  the  night-work  of  women  is  to  be  en- 
tirely prohibited.  Under  the  special  provision,  Italy  adhered 
by  an  Act  addressed  to  the  Swiss  Federal  Council  Dec.  29,  1909, 
and  Sweden  similarly  under  date  of  Jan.  14,  1910.  The  Bill 
relating  to  Sweden's  participation  had  been  rejected  by  both 
Chambers  of  the  Government  in  1908,  and  again  it  was  reported 
unfavorably  by  the  Committee  in  1909;  but  this  time  it  was 
passed  by  both  Chambers  in  spite  of  the  Committee's  adverse 
report.^'  The  Acts  of  Sweden  illustrate  the  manner  in  which 
exceptions  legallysmay  be  taken  to  the  Convention.^®    Two  procla- 

"£.  B.  V,  (2)  p.  xvH. 

124 


CONVENTIONS  SIGNED  AT  BERN 

mations  (June  9,  and  Aug.  11,  191 1)  allow  exemptions  in  the 
preparation  of  preserved  fruit  and  vegetables  and  in  salting  of 
herring,  in  pursuance  of  the  Act  (Nov.  20,  1909)  prohibiting 
the  night-work  of  women,  which  in  conformity  to  the  terms  of  the 
international  Convention  on  the  subject,  empowers  the  govern- 
ment to  make  exceptions  to  such  prohibition  in  the  preparation 
of  materials  subject  to  rapid  deterioration. 

In  a  Circular  Note  ^''  of  March  19,  1909,  the  Swiss  Federal 
Council  put  forward  the  proposal  that  the  period  of  time  provided 
for  compliance  with  the  terms  of  the  Convention  should  be  com- 
puted from  Jan.  i,  1909  in  the  case  of  States  which  deposited 
their  ratifications  within  the  limit  prescribed.  This  was  to  in- 
terfere in  no  way  with  the  later  adhesion  of  other  parties;  the 
proposition  involved  considerable  correspondence  ^®  and  not  meet- 
ing with  the  unanimous  consent  of  the  States,  failed.  The  Bel- 
gian and  French  Governments  suggested  that  the  period  of  two 
years,  at  the  immediate  close  of  which  the  Convention  was  to  be 
brought  into  force,  should  be  reckoned  from  Jan.  14,  1910.  On 
this  date  had  occurred  the  adhesion  of  Sweden,  the  last  of  twelve 
States  to  ratify  tlie  instrument.  The  Federal  Council  interpreted 
the  proposal  as  meaning  also  that  the  period  of  ten  years  reserved 
for  sugar  beet  factories,  woolen  mills,  etc.  (See  Art.  VIII)  should 
extend  from  the  same  date,  which  would  tlius  determine  a  imi- 
form  time  for  the  Convention's  execution  by  every  one  of  the 
States  that  had  ratified,  in  spite  of  previous  irregularity  iiv  their 
adhesions.  To  this  proposition,  the  Federal  Council  gave  its 
assent  (Note,  of  April  9,  1910)  ^°  with  the  hope  that  it  would  be 
found  acceptable  by  the  States  which  were  to  be  interviewed  on 
the  matter;  i.e.,  Germany,  Austria,  Hungary,  Belgium,  Denmark, 
Spain,  France,  the  United  Kingdom,  Italy,  Luxemburg,  the 
Netherlands,  Portugal,  and  Sweden.  All  except  Spain  and  Den- 
mark expressed  approval,  and  thus  it  was  decided  that  the  Con- 
vention should  go  into  operation  Jan.  14,  191 2  in  the  case  of  the 
dozen  States  which  had  adhered  on  or  before  Jan.  14,  1910.^° 

18  £.  B.  VI,  (4)  p.  xlvii. 
^Ubid.,  V,   (2)  p.  xi. 
1^  Ibid.,  V,   (2)  pp.  xi.-xvii. 
^9  Ibid.,  V,  (2)  pp.  xiv-xvii. 
2o/6id.,  V,   (3)  pp.  1-'= 

125 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

This    Convention    prohibiting    night-work    to   women    was 
adhered  to  by  the  following  countries  and  colonies : 

Date  of  Adhesion        Date  of  Coming 


Country 


into  Force 


Within  prescribed  time 

Germany 

limit  Dec.  31,  i( 

?o8. 

14th  Jan. 

I9I3 

Austria 

<( 

« 

Hungary 

(( 

H 

Belgium 

K 

«f 

France 

(( 

M 

The  United  Kingdom 

(C 

U 

Luxemburg 

(• 

M 

The  Netherlands 

<( 

M 

Portugal 

(( 

M 

Switzerland 

« 

French  Colonies 

«t 

Algeria 

26th  Mar. 

1909 

14th  Jan, 

I9I2 

Tunis 

15th  Jan. 

British  Colonies 

1910 

15  th  Jan. 

I9I2 

Ceylon 

2 1st  Feb. 

1908 

14th  Jan. 

I9I2 

Fiji  Islands 

« 

« 

Gibraltar 

<( 

(( 

Gold  Coast 

(( 

u 

Leeward  Islands 

ti 

tt 

New  Zealand 

(( 

u 

Northern  Nigeria 

« 

tt 

Trinidad 

« 

It 

Uganda  Protectorate 

tt 

Italy 

29th  Dec.  1909 

tt 

Sweden 

14th  Jan 

I.  1910 

tt 

Spain  did  not  notify  her  adhesion  to  the  Convention,  but  she 
nevertheless  prohibited  the  night-work  of  women.  Greece  passed 
a  law  by  which  the  prohibition  of  the  night-work  of  women  was 


12'J 


CONVENTIONS  SIGNED  AT  BERN 

decreed  on  24th  Jan./i6th  Feb.,  1912,  satisfying  in  all  respects 
the  conditions  of  the  Bern  Convention,  although  Greece  is  not 
a  party  to  it.  Night-work  was  forbidden  to  women  in  Japan 
and  India  in  191 1,  but  in  the  former  State  the  regulation  applies 
only  to  establishments  with  more  than  fifteen  workers  anJ  the 
night's  rest  need  be  only  of  six  hours'  duration,  while  in  India 
the  law  does  not  in  general  apply  to  establishments  which  do 
not  employ  more  than  forty-nine  persons  at  any  time  of  the  year. 
In  1905  the  prohibition  or  lack  of  prohibition  of  the  night-work 
of  women  stood  as  follows.^^ 

1.  States  without  prohibition :  Japan.  (Estimated  number  of  un- 
protected female  employees:  250,000.) 

2.  Night-work  allowed  on  a  basis  similar  to  the  regulations 
governing  day-work:  South  Australia,  California,  Illinois,  Louis- 
iana, Maine,  Maryland,  Michigan,  Minnesota,  New  Hampshire, 
North  Dakota,  Oklahoma,  Pennsylvania,  Rhode  Island,  South 
Carolina,  Virginia.  (Unprotected  females  over  sixteen  years  of 
age  in  the  United  States:  227,000.) 

3.  Limitation  of  the  day-work  of  women  to  eleven  hours  and 
the  night-work  of  girls  between  fourteen  and  sixteen  to  eight 
hours:  Spain. 

4.  Prohibition  of  night- vv^ork  to  young  persons  only:  Belgium, 
Portugal,  Denmark,  Sweden,  Finland,  Norway,  New  South 
Wales,  Hungary,  Luxemburg,  Ohio,  Georgia,  Wisconsin.  (Esti- 
mated number  of  unprotected  female  employees  in  the  above 
States:  350,000.) 

5.  Night-work  of  women  prohibited  in  certain  kinds  of  occu- 
pations: (a)  Mines  and  textile  industries:  Russia;  (b)  Factories, 
mines,  blast  furnaces:  Austria  (countries  represented  in  Reichs- 
rat).  East  Indies  (for  establishments  employing  over  50),  Lux- 
emburg, Finland,  Sweden;  (c)  Factories,  mines,  blast  furnaces 
and  shops  with  motor  power:  Germany,  Switzerland  (for  estab- 
lishments employing  over  five  v.-orkers). 

6.  Prohibition  of  night-work  of  females  in  establishments 
without  motor  power  but  which  employ  over : 

5  laborers :  Denmark,  Portugal,  Ontario. 

'^  Publications  de  V Association  internationale  pour  la  protection  legale 
des  travailleurs.     No.  4.  p.  6  ct  suiv. 

127 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

4  laborers :  Victoria. 

3  laborers :  Canton  Bale-Ville. 

2  laborers :  Queensland,  New  Zealand,  Cantons  of  St.  Gall  and 

Glarus. 
I  laborer :  Cantons  of  Zurich,  Bern,  Lucerne,  Soleure,  Ar^vie, 

Neuchatel. 

7.  Prohibition  of  the  night-work  of  women  in  principle,  sub- 
ject to  exceptions:  Great  Britain,  Switzerland,  Germany,  France, 
Holland,  Austria,  Russia,  Italy  (beginning  with  1907),  Manitoba, 
Quebec,  Nova-Sco*tia,  Queensland,  Victoria,  New  Zealand,  East 
Indies,  New  York,  New  Jersey,  India,  Massachusetts,  Nebraska. 

8.  Extension  of  the  principle  of  the  prohibition  of  the  night- 
work  of  women  to  home  industry :  Holland. 

The  following  were  among  the  non-signatory  countries  ia 
respect  of  the  Bern  Convention  on  woman's  work :  ^^ 

1.  Europe:  Denmark,  Greece,  Lichtenstein,  Monaco,  Norway 
Roumania,  Russia,  Finland,  and  all  the  Balkan  States. 

2.  Africa:  Abyssinia,  Congo,  Egypt,  The  South  African  Un- 
ion, Rhodesia,  Bechuanaland,  Swaziland,  Zanzibar,  Liberia,  tlie 
German  and  Portuguese  Colonies,  Madagascar,  Morocco,  Re- 
union, Senegal. 

3.  Asia :  All  States  and  Colonies  with  the  exception  of  Ceylon. 

4.  America:  All  States  excepting  Trinidad  and  the  Leeward 
Islands. 

5.  Australia  and  Polynesia :  All  States  excepting  New  Zealand 
and  Fiji. 

Results  of  the  Convention  Prohibiting  the  Use  of  White 
Phosphorus. 

For  the  six  States  which  deposited  their  ratifications  within 
the  prescribed  term  and  without  reservation  the  time  fixed  for  the 
execution  of  the  Convention  was  Jan.  i,  1912.  Italy  alone  of  the 
seven  signatories  failed  in  this  respect  but  she  was  allowed  to 
adhere  later.  Although  Great  Britain  had  not  signed  the  Con- 
vention at  Bern,  she  gave  notice  of  adhesion  Dec.  28,  1908,  and 
so  completed  atonement  for  seeming  obstinacy  with  reference  to 
the  agreements  and  Conventions  signed  by  other  powers  at  Bern 

'2  Publications  of  International  Labor  Office.    No.  8,  p.  85. 

128 


CONVENTIONS  SIGNED  AT  BERN 


m  preceding  years.     We  may  forgive  England;  but  what  about 
the  States  who  said:  "I  go"  and  "went  not"? 

The  following  subscribed  to  the  Convention  which  prohib- 
ited the  use  of  white  (yellow)  phosphorus  in  the  manufacture 
of  matches: 


Country 


Date  of  Adhesion 


Within  prescribed  time 
Germany  limit  Dec,  31,  1908 

Denmark  including  Faroe 

Islands  and  Danish  Antilles         " 
France 

Luxemburg  limit  Dec.  31, 1908. 

The  Netherlands 
Switzerland 


Date  of  Coming 
into  Force 

1st  Jan.  1912 


14th  Jan.  1912 


French  Colonies 
Somali  Coast 
Reunion 

Madagascar  &  Dependencies 
French  West  Africa 
Settlements   in   Oceania 
New  Caledonia 
Tunis 
Great  Britain  and  Ireland 

British  Colonies 
Orange  River  Colony 
Cyprus 

East  Africa  Protectorate 
Gibraltar 
Malta 
Mauritius 
Seychelles 
Southern  Nigeria 
Uganda  Protectorate 
The  United  Kingdom 
Northern  Nigeria 


26  Nov.  1909        26  Nov.  1914 


15  Jan.  1910 
28  Dec.  1908 

3  May,  1909 
4  Jan.  1910 


15  Jan. 19T5 
28  Dec.  1913 

3  May,  1914 
4jan.  1915 


24  Feb.  1910 


24  Feb.  1915 


129 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 


Leeward  Islands 

26  Mar.  1910 

26  Mar. 

1915 

Virgin  Islands 

St.  Christopher  &  Niero 

Montserrat 

Dominica 

Antigua 

Fiji  Islands 

20  June  1910 

20  June 

1915 

Gambia 

22  Oct.    1910 

22  Oct. 

1915 

Gold  Coast 

« 

« 

Sierra  Leone 

From  3  May  1909 

« 

Union  of  South  Africa 

retroactively 

3  May 

1914 

Canada 

20  Sept.  1914 

20  Sept. 

1919 

Bermuda 

19  Dec.  1910 

19  Dec. 

1915 

Southern  Rodesia 

20  Feb.   191 1 

20  Feb. 

1916 

New  Zealand 

27  Nov.  191 1 

27  Nov. 

1916 

Italy 

6  July    1910 

6  July 

1915 

Dutch  Indies 

7  Mar.  1910 

7  Mar. 

1915 

Spain 

29  Oct.    1909 

29  Oct. 

1914 

Norway 

10  July    1914 

10  July 

1919 

The  manufacture  and  sale  of  white  phosphorus  matches  was 
prohibited  in  Victoria,  Western  Australia,  Tasmania  and  New 
South  Wales.  The  United  States  also  placed  a  prohibitive  tax  on 
such  matches  and  prohibited  their  importation  and  exportation. 

The  following  are  countries  that  permitted  the  manufacture  of 
phosphorus  matches :  ^^ 

1.  Free  manufacture  (a)  in  Europe:  Belgium,  Russia  (subject 
to  a  different  tax  on  white  phosphorus),  Sweden  (prohibition 
of  their  sale  in  Sweden),  Turkey;  (b)  outside  Europe:  all  Asiatic 
States  (with  the  exception  of  Cyprus  and  the  Dutch  and  East 
Indies),  America  (with  the  exception  of  the  United  States,  Can- 
ada, the  Danish  and  British  Antilles,  and  Mexico),  Abyssinia, 
Egypt,  Zanzibar. 

2.  Countries  with  State  monopoly :  Bulgaria,  Greece,  Portugal, 


23  Piihlication  of  the  Internaticnal  Labor  Office.     No.  8,  p.  87. 

T  "',0 


CONVENTIONS  SIGNED  AT  BERN 

Roumania,  (State  monopoly,  but  with  use  of  sesquisulphide), 
Servia. 

Of  the  above  only  Japan  .and  Sweden  are  of  importance  as 
exporting  countries. 

In  answer  to  a  Swiss  Circular  Letter  (July  17,  191 1)  asking 
whether  the  importation  of  sample  matches  made  with  white 
phosphorus  should  be  forbidden  the  repUes  were  as  follows :  ** 

Affimative. 
Great  Britain 
Italy 
Denmark 
France 
Spain 

Negative. 
Germany 
The  Netherlands 
Luxemburg 

This  appears  to  be  a  quibble  hardly  worthy,  in  the  light  of  the 
terms  of  the  Convention,  of  the  three  powers  negatively  inclined. 
But  it  is  a  fair  example  of  those  differences  of  opinion  which 
make  the  questions  of  interpretation  and  sanction  such  intricate 
and  vital  problems  in  international  law.  Is  the  word  introduction 
in  the  French  version  of  the  Convention  merely  to  be  interpreted 
as  "introduction"  for  industrial  purposes  rather  than  in  the 
strict  sense  of  "importation,"  and  consequently  is  the  importa- 
tion of  sample  phosphorus  matches  to  be  condemned?  It  would 
be  interesting  to  understand  the  object  of  importing  sample  cases 
of  phosphorus  matches  whose  "introduction,"  "manufact'tire" 
and  "sale"  within  the  realm  is  forbidden. 

Bern  Conference.     Sept.  15-25,  ipiS- 

Delegates  to  the  sixth  biennial  meeting  of  the  International 
Association  for  Labor  Legislation,  held  at  Lugano,  Switzerland, 
in  1910,  undertook  measures  to  prepare  the  way  for  a  second 
series  of  international  conferences  to  draft  international  conven- 

ME.  B.  VII,  (1-2)  p.  1-4. 

131 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

tions  prohibiting  the  night-work  of  young  persons  entirely,  and 
also  the  day-work  of  women  and  of  young  persons  in  excess  of 
ten  hours.  This  led  to  the  preparation  by  the  Bureau  of  a  pro- 
gram to  serve  in  case  a  conference  should  be  called  to  outline 
such  agreements;  and  by  a  Swiss  Circular  Letter  of  Jan.  31, 
1913,^^  this  program  was  submitted  to  the  States  invited  to  sup- 
port the  project ;  vis.,  Germany,  Austria,  Hungary,  Belgium,  Bul- 
garia, Denmark,  Spain,  France,  Great  Britain,  Greece,  Italy,  Lux- 
emburg, Norway,  the  Netherlands,  Portugal,  Roumania,  Russia, 
Servia,  Sweden.  In  consequence,  delegates  from  the  above  States, 
with  the  exception  of  Servia,  Roumania,  Luxemburg,  Greece,  and 
Bulgaria,  assembled  with  the  representatives  of  Switzerland  at 
Bern,  Sept.  15,  1913. 

The  tentative  agreements  intended  to  be  later  transformed  into 
conventions  by  an  international  Diplomatic  Conference,  in  con- 
formity to  the  precedent  set  by  the  Bern  Conventions  of  1906, 
followed  in  general  the  program  worked  out  by  the  Bureau;  but 
varied  from  it  in  a  number  of  respects  by  reason  of  both  additions 
and  subtractions.  The  first  agreement  prohibiting  night-work  to 
young  persons,  received  the  signatures  of  delegates  from  Switzer- 
land, Sweden,  Portugal,  Holland,  Norway,  Italy,  the  United 
Kingdom,  Germany,  France,  Spain,  Belgium,  Hungary,  and  Aus- 
tria. According  to  the  principles  that  were  adopted  and  made 
applicable  to  all  concerns  where  more  than  ten  persons  were  em- 
ployed, the  prohibition  was  to  be  general  for  employees  under 
sixteen  years  of  age,  and  absolute  for  all  under  fourteen.  Indus- 
trial undertakings  were  defined  in  the  same  sense  as  industrial  en- 
terprises in  the  Bern  Convention  respecting  the  work  of  women, 
and  the  night  of  rest  prescribed  for  young  workers  was  also  to  be 
the  same  as  the  international  night  of  eleven  hours  fixed  by  that 
Convention.  Certain  exceptions  to  this  last  rule,  however,  were 
allowed  for  coal  and  lignite  mines  and  bakeries,  also,  for  colonies, 
possessions,  protectorates,  or  extra-European  countries,  where 
climate  or  conditions  of  native  population  might  require  a  differ- 
ent regulation;  but  in  all  such  cases  the  shortening  of  the  nighj: 
was  to  be  compensated  by  rest  in  the  daytime.  Moreover,  work 
during  the.night  by  individuals  over  fourteen  years  of  age  might 

25  E.  B.  VIII,  (3-4)  1913  pp.  103-106. 

132 


CONVENTIONS  SIGNED  AT  BERN 

be  allowed  when  public  interest  demanded  it,  or  in  case  of  force 
majeure  where  there  occurs  an  interruption  in  business  impossi- 
ble to  foresee  and  non- periodic  in  character.  In  so  far  as  this 
agreement  might  be  found  to  aflFord  better  protection  to  girls 
under  sixteen,  it  was  to  supercede  the  Convention  of  1906  on 
night-work.  Two  years  after  the  closing  of  the  record  of  deposit, 
the  proposed  convention  was  to  come  into  force,  with  the  excep- 
tion that  its  execution  might  be  delayed  for  ten  years  in  respect 
of  employees  over  fourteen  years  of  age  in  specified  processes  in 
glass  works,  rolling  mills,  and  forges ;  in  the  meantime,  however, 
life  or  limb  of  the  young  in  these  processes  was  not  to  be  ex- 
posed to  any  special  risk  or  danger. 

These  provisions  were  not  the  exact  counterpart  of  recommen- 
dations made  by  the  Bureau  of  the  International  Association  in 
the  program  submitted  by  it.  It  had  proposed  to  prohibit  the 
work  in  question  to  young  persons  under  eighteen  instead  of 
under  sixteen;  by  way  of  special  exceptions  for  States  in  which 
similar  regulations  had  not  previously  existed,  it  had  contem- 
plated a  period  of  transition  in  which  night-rest  for  young  people 
between  sixteen  and  eighteen  could  bejegally  limited  to  ten  hours 
instead  of  extended  to  the  required  length  of  eleven  hours; 
among  the  exceptions  pertaining  to  workers  over  fourteen,  pro- 
vision had  been  made  for  the  j)rohibition's  suspension  in  case  of 
the  manufacture  of  raw  materials  susceptible  of  rapid  deteriora- 
tion or  otherwise  unavoidable  injury;  and  for  seasonal  indus- 
tries, a  way  was  to  be  left  open  whereby  the  period  of  uninter- 
rupted night-rest  could  be  reduced  to  ten  hours  sixty  times  a 
year  under  extraordinary  circumstances.  The  period  for  bringing 
the  agreement  into  force  in  glass  and  steel  industries  was  fixed  at 
five  years  for  workers  over  sixteen  instead  of  at  ten  years  for 
workers  over  fourteen.  None  of  these  proposals  found  their  way 
into  the  draft  sanctioned  at  Bern. 

The  second  of  the  draft  conventions  concerned  the  determina- 
tion of  a  working  day  for  workers  under  sixteen  and  women; 
and,  with  the  exception  of  Norway,  it  was  signed  by  the  same 
countries  as  signed  the  former  agreement.  As  regards  the  pro- 
gram that  the  Bureau  had  submitted,  the  age  limit  for  young 

133 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

workers  was  changed  by  the  Conference  from  eighteen  to  sixteen, 
while  the  principles  in  general  were  amplified  and  made  much 
more  specific  in  detail.  The  prospective  convention  stood  for  a 
ten-hour  day,  but  at  the  same  time  allowed  the  period  of  work 
to  be  otherwise  limited  through  the  device  of  fixing  a  maximum 
of  sixty  hours  of  work  per  week  with  the  length  of  no  single 
workday  to  exceed  ten  and  one-half  hours.  The  definition  of 
industrial  undertakings  and  the  size  necessary  to  Include  the 
same  within  the  purview  of  the  proposed  convention  were  iden- 
tical with  the  determinations  on  these  points  in  the  other  agree- 
ment. Hours  of  work  were  to  be  interrupted  by  one  or  more 
rest  periods,  one  of  which,  at  least,  was  to  occur  immediately 
after  the  first  six  hours  of  work;  in  cases  where  work  was  not 
of  more  than  six  hours'  duration,  no  break  would  be  necessary. 
Extension  of  the  prescribed  workday  was  to  be  permitted  when 
public  interests  demanded  it,  and  also  under  the  following  cir- 
cumstances: in  cases  of  force  majeure  involving  an  interruption 
of  manufacture  impossible  to  foresee  and  not  of  periodic  na- 
ture, In  cases  where  raw  materials  might  otherwise  be  subjected 
to  rapid  deterioration  or  loss;  and  in  seasonal  industries  as  well 
as  in  any  industry  under  exceptional  circumstances.  Total  work 
including  overtime,  even  In  case  of  the  above  exceptions  outside 
of  "public  Interest"  and  "force  majeure,"  was  not  to  exceed 
twelve  hours  a  day  save  In  fish,  vegetable,  and  fruit  establish- 
ments ;  and  overtime  was  not  to  exceed  140  hours  per  year  except 
in  the  Industries  first  mentioned  together  with  manufactories  of 
brick,  tiles,  clothing,  feather  articles,  articles  of  fashion,  and 
artificial  flowers,  all  of  which  might  if  necessary  extend  over- 
time to  not  over  180  hours  per  calendar  year.  Nevertheless  In 
no  case,  not  even  In  any  of  the  above  exceptions  outside  of 
"public  interest"  and  "force  majeure,"  was  the  working  day  to 
be  extended  for  young  workers  under  sixteen. 

The  agreement  would  come  into  force  two  years  after  closing 
the  record  of  the  deposition  of  ratifications ;  however,  for  manu- 
factories of  raw  sugar  from  beets,  of  machine-made  embroidery, 
and  In  textile  mills  for  spinning  and  weaving,  the  interval  might 
be  extended  from  two  to  seven  years,  while  in  States  where  it 
was  the  custom  to  require  eleven  hours  of  work  of  women  and 

134 


PROTECTIVE  LABOR  TREATIES 

children,  the  postponement  of  the  agreement's  execution  might 
be  equally  prolonged  under  certain  conditions  specified. 

These  draft  conventions  having  been  approved  by  the  Confer- 
ence, were  submitted  to  the  governments  interested  by  a  Swiss 
communication  of  Sept.  29,  1913.^^  Several  weeks  later  another 
.Letter  (Dec.  30,  1913)  '^  to  the  same  parties  including  Luxem- 
burg, whose  delegate  had  been  unavoidably  detained  from  the 
Conference,  conveyed  the  protocol  of  the  meeting.  The  same 
Letter  proposed  Sept.  3,  1914  as  the  date  for  holding  an  inter- 
national Diplomatic  Conference  to  turn  the  outlines  into  real 
conventions.  A  later  Note  (July  14,  1914)  '*  stated  that  the 
Conference  could  be  considered  as  assured  in  view  of  the  favor- 
able replies  anticipated  and  already  received,  although  Russia 
had  intimated  dissatisfaction  with  the  agreements,  declaring  them 
unsuitable  to  her  conditions  of  industry,  and  therefore  not  of  a 
character  to  make  it  desirable  for  her  to  participate.  Norway 
also  had  announced  a  disinclination  to  take  part,  asserting  that 
her  own  legislation  conferred  more  extensive  protection  than  that 
offered  by  the  conventions  proposed,  and  that  a  Bill  then  pending 
promised  a  further  extension  of  her  protective  law.  In  conclu- 
sion, the  Swiss  Note  recommended  that  the  method  of  procedure 
at  the  Diplomatic  Conference  of  Bern  in  1906  be  followed  In  the 
impending  meeting;  also  that  certain  sections  of  the  Convention 
of  1906  pertaining  to  woman's  work  be  included  in  the  agree- 
ment on  night-work  under  consideration ;  and  that  editorial  Im- 
provements be  made  in  the  wording  of  the  texts  of  the  proposed 
conventions. 

A  Circular  Letter  of  Aug.  7,  1914  contained  the  following:" 
"In  our  Circular  Letters  of  30th  December,  1913,  and  14th 
July,  1914,  we  had  the  honor  of  sending  to  your  Excellency  cer- 
tain communications  with  respect  to  an  International  Diplomatic 
Conference  relating  to  labor  regulation  and  to  submit  proposals 
to  your  Excellency.  The  Conference  was  to  have  met  in  Bern 
on  3rd  September,  but  the  present  political  events  do  not  seem  to 

2«  E.  B.  VIII,  (9-10)  1913,  p.  363-366. 

27  £.  B.  IX,   (1914)    (3)   p.  62. 

28  £.  B.  (IX)   (7)   (1914)  p.  287-288. 
>»£.  B.  IX,  (11-12)  (1914),  p.  Ixxiii. 

1.^5 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

permit  this.    We  feel  sure  that  you  will  agree  with  our  decision 
that  the  Conference  be  postponed  to  some  future  date." 

In  Austria  a  Decree  of  the  Ministry  of  Commerce  under  date 
of  Sept.  II,  1915  ^°  granted  exceptional  permission  for  the  night- 
work  of  women  and  young  persons  in  view  of  the  extraordinar}' 
circumstances  created  by  the  war.  The  fact  that  prohibitions  on 
the  subject  had  been  adhered  to  by  Austria,  without  official  modi- 
fication, throughout  the  first  year  of  the  conflict,  (one  of  the 
avowed  reasons  for  such  adherence  being  that  some  of  the  pro- 
hibitions had  an  international  basis)  portends  much  for  the 
enforcement  of  such  law  in  times  of  peace.  Moreover,  even 
then,  the  permission  was  not  granted  indiscriminately,  but  rather 
only  on  condition  that  the  merits  of  each  case  should  be  care- 
fully tested  by  the  industrial  inspector  and  passed  upon  by  pro- 
vincial authorities,  or  in  case  of  disagreement,  by  the  Ministry  of 
Commerce. 

30  E.  B.  XI,  (1-2)  (1916)  p.  31-32. 


13^ 


CHAPTER  II 


PROTECTIVE  LABOR  TREATIES^ 


At  the  second  meeting  of  the  International  Association  for 
Labor  Legislation  at  Cologne  (Sept.  26-27,  1902),  representatives 
of  the  French  and  Italian  Governments  entered  into  informal 
negotiations  with  reference  to  the  conclusion  of  a  labor  treaty. 
The  matter,  which  had  been  broached  even  previous  to  this  occa- 
sion, did  not  become  the  subject  of  immediate  action ;  for  a  year 
and  over  it  dragged  along  with  the  prospects  of  its  realization 
growing  constantly  brighter,  until  at  last,  the  preliminaries  being 
completed,  it  became,  April  15,  1904,*  the  first  of  a  new  order  of 
treaties  reciprocally  insuring  the  protection  of  workmen.  By  its 
terms  Italians  working  in  France  received,  in  effect,  the  promise 
that  some  day  they  would  enjoy  benefits  of  French  labor  legisla- 
tion heretofore  denied  to  foreigners,  while  Italy  agreed  to  super- 
impose upon  the  economic  framework  of  her.  country  certain  of 
the  perfections  of  labor  control  applied  by  her  neighbor.  The 
advantages  reciprocally  derived  were  not  identical,  a  fact  which 
becomes  important  when  the  pro's  and  con's  of  international 
regulation  are  debated.  France  benefited  in.  that  a  competitor 
became  subject  to  certain  restrictions  upon  industry  and  Italy 
profited  by  the  increased  protection  to  be  accorded  to  her  laboring 
classes,  in  the  first  instance,  by  herself.  It  forms  an  interesting 
puzzle  to  inquire  whose  was  the  greater  gain.  This  is  not  how- 
ever a  complete  statement  of  the  situation. 

By  its  preamble  the  two  general  purposes  of  the  Treaty  *  were 
presented  as  follows: 

(i)  To  grant  to  nationals  of  either  country  laboring  in  terri- 
tory of  the  other  reciprocal  banking  accommodations  and  advan- 
tages of  social  insurance; 

*  For  copies  of  the  treaties,  see  Appendix  I. 
1  G.  B.  Bd.  3.   S.  X. 
F.  B.— Bulletin  de  I'Office  International  du  Travail,  t.  III.  (1-3)  p.  I- VI. 

2  A.D.  1904,  t.  92,  p.  1269-1274. 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

(2)  To  guarantee  the  mutual  maintenance  of  protective  labor 
measures,  and  co-operation  in  the  advancement  of  labor  legisla- 
tion. 

As  regards  reciprocal  privileges  in  the  use  of  banks,  precise 
and  effective  rules  were  laid  down;  in  the  matter  of  labor  in- 
spection, Italy  undertook  an  important  obligation;  with  reference 
to  the  rest,  mere  principles  were  announced  upon  which  to  nego- 
tiate understandings  of  the  future. 

The  Treaty  privileged  the  nationals  of  either  country  to  trans- 
fer deposits  without  charge  from  the  State  Savings  Bank  of 
France  to  the  Postal  Savings  Bank  of  Italy,  or  vice  versa;  and 
funds  thus  transferred  became  subject  to  the  rules  applied  by 
the  receiving  bank  to  the  deposits  of  its  country's  citizens.  This 
was  the  only  outstanding  provision  whose  terms  of  reciprocity 
were  identical  and  that  was  made  executory  by  the  terms  of  the 
Treaty.  The  one  other  Article  whose  application  was  not  left 
wholly  contingent  upon  future  circumstances  was  Article  IV* 
In  this  Italy  promised  to  complete  throughout  her  whole  kingdom 
a  system  of  labor  inspection  offering,  for  the  application  of  the 
law,  guarantees  analagous  to  those  of  the  French  system,  and 
organized  with  respect  to  the  objects  of  its  special  care;  i.e., 
women  and  children,  along  four  general  lines: 

(i)   Prohibition  of  night- work; 

(2)  Age  for  admission  to  work; 

(3)  Length  of  the  workday; 

(4)  Obligation  of  weekly  rest. 

Italy's  engagement  was  its  own  admission*  of  the  inadequacy 
of  labor  inspection  within  her  territory.  In  the  matter  of  regu- 
lating the  night- work  of  women,  she  had  been  very  far  behind 
France  in  the  enactment  of  prohibitory  law,  and  her  legislation 
had  remained, likewise  much  inferior  in  respect  of  the  age  limits 
fixed  for  the  classes  to  whom  such  work  was  forbidden.  Similarly 
deficient  or  tardy  had  been  Italian  legislation  concerning  the  age 
limits  determined  for  the  admission  of  children  into  factories. 
Differences  also  prevailed  in  the  law  respecting  the  workday; 
Italy  permitted  a  longer  day  of  work  for  women  and  children  than 
did  France.  But  conditions  were  more  on  a  par  as  regarded 
weekly  rest.     The   former  decreed  such  rest  for  all   children 

138 


PROTECTIVE  LABOR  TREATIES 

under  fifteen;  the  latter,  for  children  under  eighteen;  and  both, 
for  all  women.  The  Italian  Government  agreed  by  Article  IV  of 
the  Treaty  to  study  the  means  of  reducing  the  daily  work  of 
women,  and  each  Government  promised  to  publish  an  annual 
and  detailed  report  on  the  application  of  statutes  and  regulations 
governing  child  and  female  labor.  By  comparison  and  improve- 
ment of  legislation,  it  was  anticipated  that  glaring  dissimilarities 
in  the  labor  laws  of  the  two  countries  would  gradually  disap- 
pear, and  so  prepare  the  way  for  the  conclusion  of  future  agree- 
ments. 

The  rest  and  major  content  of  the  Treaty  belonged  to  what 
might  be  termed  the  realm  of  speculation ;  in  other  words,  it 
outlined  what  other  treaties  might  enact.  In  Article  I  on  the 
subject  of  bank  transfers,  provision  was  made  whereby  by  fu- 
ture agreement  the  private  banks  of  one  country  might  transfer 
funds  to  those  of  the  other,  if  not  gratuitously,  at  least,  at  reduced 
rates.  The  private  banks  contemplated  were  those  of  industrial 
centers  and  frontier  towns.  It  was  desired  that  investments  by 
nationals  of  one  country  in  savings  institutions  of  the  other 
should  receive  especially  favorable  treatment  at  the  hands  of  the 
contracting  Governments. 

With  reference  to  workmen's  insurance  or  pensions,  the  prin- 
ciple was  laid  down  that  the  part  of  the  benefit  due  as  a  result 
of  premiums  paid  or  deposits  made,  was  to  be  surrendered  to 
the  laborer  upon  his  withdrawal  from  the  undertaking  in  which 
he  was  insured;  otherwise,  although  an  enterprise  in  France 
could  demand  equal  insurance  premiums  from  French  and  Italian 
laborers,  it  might  refuse  to  make  any  return  in  the  event  of  the 
foreigner's  withdrawal  as  a  consideration  for  the  protection  re- 
linquished and  the  payments  already  made. 

Three  elements  may  enter  into  workmen's  insurance: 

(i)  The  contribution  of  the  laborer,  for  which  the  Treaty 
provided  as  above  noted ; 

(2)  That  of  the  employer,  regarding  which  it  merely  stipulated 
that  there  should  be  reciprocity  of  regulation  between  the  coun- 
tries; 

(3)  State  subventions,  the  benefits  of  which  were  to  be  en- 
joyed only  by  the  State's  own  citizens.    A  country  could  subsidize 

139 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

a  citizen's  pension  acquired  from  an  institution  of  the  other 
country  if  it  chose  to  do  so. 

Pensions  acquired  in  one  State  were  to  be  made  payable  in 
the  other  through  the  medium  of  insurance  institutions  and  postal 
service.  For  employees  laboring  alternately  in  France  and  Italy 
and  thus  prevented  from  fulfilling  the  requisite  conditions  for 
insurance  in  either  country,  there  was  to  be  devised  a  special  sys- 
tem under  which  pensions  could  be  made  to  accrue  to  such  work- 
men. 

In  case  accident  befell  a  laborer  of  either  country,  working  in 
the  territory  of  the  other,  he  or  his  assigns  were  to  be  entitled 
to  accident  benefits  on  equal  terms  with  the  subjects  of  the  land 
in  which  the  accident  occurred.  This  was  the  principle  so  ear- 
nestly debated  and  advocated  throughout  the  Delegates'  Meetings 
of  the  International  Association  and  destined  to  be  incorporated 
into  a  noteworthy  series  of  treaties  on  accident  insurance.  Cer- 
tain laws  of  France  involved  the  direct  derogation  of  this  prin- 
ciple. By  her  municipal  law  of  April  9,  1898,  a  foreign  laborer, 
the  victim  of  an  accident,  upon  ceasing  to  reside  in  French  ter- 
ritory, was  obliged  to  accept  a  gum  compounded  to  three  times 
the  amount  of  his  annuity  in  lieu  of  all  further  pension ;  and  by 
Act  of  March  31,  1905,  the  same  principle  was  retained,  with  the 
provision  that  a  foreign  insuree's  assigns  might  receive  compen- 
sation even  if  they  ceased  to  reside  on  French  territory.  If, 
however,  the  assigns  were  not  resident  in  France  at  the  time  of 
the  accident,  they  forfeited  all  right  to  compensation.  Fortu- 
nately the  law  of  1905  allowed  for  the  modification  of  these  pro- 
visions in  pursuance  of  reciprocity  treaties  en  accident  insur- 
ance, and  so  safeguarded  the  possibility  of  the  realization  of  this 
principle  as  advocated  by  the  Treaty  of  April  15,  1904. 

In  case  of  the  advent  of  insurance  against  unemployment  in 
both  countries,  an  agreement  was  contemplated  by  which  French- 
men and  Italians  working  in  the  territory  of  either  contracting 
party  might  share  the  privileges  of  such  insurance. 

In  cases  where  these  agreements  provided  for  by  Article  I 
should  become  established,  they  were  to  be  binding  for  a  period 
of  five  years  only ;  thereafter,  they  might  be  abandoned  upon  one 
year's  notice,  or  otherwise  be  allowed  to  renew  themselves  from 

140 


PROTECTIVE  LABOR  TREATIES 

year  to  year  by  tacit  consent.  Unforeseen  circumstances  were  to 
be  able  to  work  either  abrogation  or  the  more  perfect  adaptation 
of  the  measures  if  time  rendered  their  original  forms  undesirable. 
Of  such  character  were  the  possibilities  contemplated  by  this 
Article. 

A  signal  abuse  which  for  some  time  had  attracted  the  serious 
attention  of  governmental  authorities  was  the  traffic  in  Italian 
children  furnished  with  work  certificates  falsifying  their  age  so 
as  to  admit  them  to  French  industry  prior  to  their  attainment 
of  the  legal  age.  There  was  a  class  of  recruiting  officers  or  mid- 
dlemen who  made  a  business  of  this  traffic.  To  set  on  foot  meas- 
ures to  stop  the  evil  and  preclude  its  recrudescence.  Article  II 
of  the  Treaty  forecast  an  agreement  that  would  necessitate  gov- 
ernmental certification  of  the  documents  involved  and  a  rigid 
inspectorate,  protecting  reciprocally  young  workers  of  either 
country  when  employed  in  the  other.  There  was  also  suggested 
the  plan  of  forming  protective  Committees  including  in  their 
membership  as  many  compatriots  of  the  young  foreigners  as 
possible,  and  functioning  in  districts  where  large  numbers  of 
them  were  employed.  Because  of  the  small  number  of  French 
children  employed  in  Italy,  this  provision  became  of  benefit  prin- 
cipally to  the  much  larger  number  of  young  Italian  laborers  in 
French  territory. 

On  the  occasion  of  an  international  labor  conference  in  which 
one  of  the  contracting  parties  took  part,  the  other  was  to  feel 
duty  bound  similarly  to  participate  according  to  the  engagement 
of  Article  III  of  the  Treaty. 

By  Article  V,  each  party  reserved  the  right  to  denounce 
the  compact  at  any  time  by  making  known  its  intention  one  year 
in  advance.  Occasion  for  denunciation  would  be  found  in  fail- 
ure to  enforce  the  systems  of  inspection  prescribed  or  to  respect 
the  obligations  assumed  in  reference  to  protective  law  for  women 
and  children  (see  Art.  4,  S  2),  or  in  any  gross  violation  of  the 
spirit  of  the  instrument,  as  for  example,  the  curtailment  of  pro- 
tective law  covering  the  subjects  treated.  A  protocol '  was  at- 
tached, which  specified  by  name  the  laws  of  each  country  whose 
proper  execution  was  made  compulsory  by  the  terms  of  the  in- 

3G.  B.  Bd.  3,  (1904).   S.  154. 

141 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

strument,  and  named  the  bodies  in  each  country  competent  to 
Interpret  the  same  in  its  relation  to  the  laws  and  to  judge  as  to 
whether  occasion  for  its  annulment  had  been  given  by  the  other 
party.  However  much  detractors  may  have  laughed  at  France 
and  Italy  over  the  theoretical  parts  of  their  Convention  of  April 
15,  France  and  Italy  laughed  last,  as  time  revealed. 

Swiss-Italian  Treaty.     July  i^,  1^04. 

On  13th  July  of  the  same  year,  Italy  signed  with  Switzerland 
a  commercial  Treaty  ^  containing  an  Article  whose  provisions 
were  to  be  made  effective  by  a  separate  act  independent  of  the 
execution  of  the  rest  of  the  Treaty.  This  Article  (No.  17)  au- 
thorized the  mutual  investigation  on  the  part  of  the  contracting 
powers  of  the  question  of  workmen's  insurance  with  the  object 
of  according  in  so  far  as  possible  to  the  citizens  of  each  working 
in  the  territory  of  the  other  equal  or  equivalent  advantages.  It 
is  clear  that  this  looked  forward  to  some  such  arrangement  as 
that  contemplated  by  the  Franco-Italian  Treaty  on  the  subject, 
although  that  Treaty  announced  the  principle  of  the  equality  of 
treatment  of  foreigners  and  citizens,  while  this  merely  specified 
reciprocity  in  the  treatment  of  foreigners. 

German-Italian  Treaty,  Dec.  5,  1^04. 

It  is  very  evident  that  Italy  did  a  full  year's  work  in  1904  with 
respect  to  labor  agreements ;  just  before  the  year  closed,  she  con- 
cluded with  Germany  a  commercial  Treaty^  identical  in  i-ts  terms 
with  Article  17  of  the  Swiss-Italian  Treaty.  The  action  would 
seem  to  presuppose  an  intention  upon  the  part  of  Italy  to  work 
radical  improvement  in  her  insurance  system ;  for  were  Germany 
to  accord  to  Italian  workmen  within  her  realm  insurance  ad- 
vantages equal  to  those  enjoyed  by  her  own  subjects  and  then 
to  demand  that  Italy  give  German  subjects  on  Italian  soil  equally 
favorable  privileges,  a  much  heavier  burden  in  the  way  of  reform 
would  be  imposed  upon  Italy  than  upon  Germany. 

Compulsory  insurance  against  disease  had  been  established  in 

<  2.  Chatelain,  op.  cxt.,  p.  193. 
5  Ihid.,  p.  194. 

142 


PROTECTIVE  LABOR  TREATIES 

Germany  as  early  as  1883;  employees  met  two-thirds  of  the  ex- 
penses of  the  system,  and  employers,  one-third.  Compulsory 
accident  insurance  had  been  introduced  by  a  law  of  1884;  under 
it  employers  became  members  of  insurance  associations  and 
were  obliged  to  defray  the  cost  of  all  indemnities.  In  1889 
there  had  been  organized  an  insurance  system  against  sickness 
and  old  age,  to  which  all  salaried  persons  over  sixteen  years 
old  and  not  having  an  annual  income  in  excess  of  1000  marks 
were  compelled  to  subscribe,  thereby  receiving  invalidity  benefits 
in  case  of  need,  and  a  regular  pension  at  the  age  of  seventy  if 
payments  had  been  made  for  a  period  of  thirty  years.  The  funds 
were  derived  partly  from  contributions  of  employees  classified 
into  five  groups  paying  different  premium  rates;  partly,  from 
employers  who  duplicated  the  premiums  of  the  employees ;  and 
the  rest,  from  the  State  which  made  an  annual  donation  of  fifty 
marks  for  each  pension.  By  way  of  comparison,  we  may  note 
that  in  1910  France  prescribed  for  laborers  receiving  less  than 
three  thousand  francs  a  system  of  insurance  which,  not  unlike 
Germany's,  derived  its  support  from  contributions  of  employees, 
employers,  and  the  State,  but  which  made  sixty-five  instead  of 
seventy  the  pensionable  age.  Sickness  insurance  is  prescribed  for 
certain  classes.  The  French  system  has  both  compulsory  and 
voluntary  features.  In  both  France  and  England,  as  well  as  in 
Germany,  the  incidence  of  compensation  for  accidents  falls  en- 
tirely upon  the  shoulders  of  employers.* 

Italy's  systems  of  insurance  were  very  inadequate,  being  non- 
compulsory  in  character  in  so  far  as  related  to  invalidity  and 
old  age,  although  she  had  obligatory  accident  insurance.  A  state 
system  largely  voluntary  in  character  could  hardly  possess  much 
stability  and  certainly  could  not  accord  to  German  workmen 
in  Italy  the  same  guarantees  that  could  be  granted  to  Italian 
laborers  in  Germany.  The  self-imposed  task  that  Italy  contem- 
plated was  not  a  small  one. 

Treaty  Between  Germany  and  Austria-Hungary,  Jan.  ig,  igo^. 

In  a  commercial  Treaty  between  Germany  and  Austria-Hun- 
gary of  Jan.  19,  1905,  an  article  of  practically  the  same  nature 
®  Carlton,  History  and  Problems  of  Organized  Labor,  p.  310  et  seq. 

143 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

as  that  of  the  two  preceding  Treaties  was  included."  In  addition 
to  specifying  the  need  of  reciprocity  in  the  matter  of  insurance,  it 
propounded  the  broader  subject  of  reciprocity  "in  protection  of 
labor."  For  Austria  and  'H.nnga.ry,  as  for  Italy,  the  thought  of 
contracting  a  labor  treaty  with  Germany  prognosticated  general 
improvement  in  their,protective  labor  regimes.  Austria  possessed 
compulsory  accident  insurance  supported  by  laborers  and  employ- 
ers, and  had  also  compulsory  sickness  insurance.  Hungary  did 
not  have  general  regulations  covering  accident  insurance ;  but  had 
a  special  system  for  agricultural  workers  which  was  obligatory  in 
respect  of  accidents  and  voluntary  in  respect  of  invalidity,  pay- 
ing benefits  in  case  of  death,  old  age,  or  incapacity. 

Accident  Insurance  Treaty  Between  Luxemburg  and  Belgium. 

April  15,  1905. 

But  destiny  had  reserved  for  the  Kingdom  of  Belgium  and  the 
Grand-Duchy  of  Luxemburg  the  honor  of  devising  the  first  insur- 
ance Treaty^  to  specify,  in  addition  to  general  aims,  SL'modus  op- 
erandi for  their  realization ;  in  other  words,  instead  of  cogitating 
upon  possible  law,  it  laid  down  the  law,  and  thereby  gave  to  a  long 
mooted  principle  its  first  practical  international  application.  As 
between  the  signatory  countries,  it  established  that  subjects  of  one 
State  injured  through  an  industrial  accident  within  the  territory 
of  the  other  should  be  entitled  to  the  same  compensations  and 
guarantees  as  subjects  of  the  State  within  which  the  injury  was 
received,  exception  being  made  in  case  of  laborers  injured  when 
employed  temporarily;  i.e.,  for  not  more  than  six  months,  by  a 
business  concern  whose  headquarters  were  located  in  the  State 
that  was  not  the  scene  of  the  accident.  In  such  cases  the  insur- 
ance law  applicable  would  be  that  of  this  latter  State.  By  a  sup- 
plementary agreement  of  May  22,  1906,  the  terms  of  this  excep- 
tion were  specified  as  being  applicable  to  persons  employed  by 
transport  lines  and  working  intermittently,  but  habitually,  in  the 
country  other  than  the  home  of  the  enterprise.^  Outside  of  these 
exceptions,  persons  were  to  be  eligible  to  receive  insurance  bene- 

7  L.  Chatelain,  op.  cit.,  p.  198. 

8  G.  B.  Bd.  IV.  S.  305-506. 

8  E.  B.  I,  (9-12)  pp.  373-374. 

144 


PROTECTIVE  LABOR  TREATIES 

fits  in  the  foreign  State,  who  would  have  been  ehgible  to  such  had 
the  accident  occurred  in  their  native  State.  As  pertained  to  docu- 
ments, stamps,  records,  etc.,  advantages  and  exceptions  incident 
to  the  insurance  administration  of  one  State  were  to  be  equally 
applicable  to  the  administration  within  its  confines  of  the  law  of 
the  other  State,  while  the  magistrates  of  the  two  High  Contract- 
ing Parties  were  pledged  to  lend  reciprocal  assistance  in  execution 
of  the  law.  Ratifications  were  to  be  exchanged  as  soon  as  possi- 
ble in  Brussels,  and  the  Treaty  was  to  go  into  effect  ten  days 
after  its  official  publication  and  to  be  terminated  one  year  after 
the  day  of  its  denunciation  by  either  party.  By  an  Act  of  May 
12,  1905,^°  the  Government  of  Luxemburg  was  empowered  to 
modify  laws  of  the  realm  when  necessary  in  order  to  put  inta 
operation  an  international  agreement  that  aimed  at  reciprocity  in 
insurance  administration.  The  ratfications  of  the  Treaty  were 
exchanged  in  the  following  autumn,  Oct.  25,  1905. 

German-Luxemburg  Accident  Insurance  Treaty.    Sept.  2,  190^. 

The  next  Treaty  on  accident  insurance,^^  signed  by  the  German 
Empire  and  the  .Grand-Duchy  of  Luxemburg  during  the  same 
fall,  confined  itself  to  an  affirmative  statement  of  that  which  con- 
stituted the  exception  in  the  Belgian-Luxemburg  agreement. 
Employees  of  an  enterprise  extending  its  operations  .from  one 
country  into  the  other  for  a  period  of  not  over  six  months  at  most, 
remained  subject  to  the  accident  insurance  legislation  of  the  State 
in  which  the  enterprise  was  domiciled,  even  if  the  accident  oc- 
curred in  the  other  State.  Forestry  and  agricultural  pursuits 
were  excluded  from  .the  purview  of  this  arrangement.  Railroad 
employees  were  specifically  included.  If  dispute  arose  as  to  what 
laws  were  applicable,  the  decision  rested  with  the  authorities  of 
the  State  in  which  the  headquarters  of  the  business  firm  involved 
in  the  accident  were  located ;  i.  e.,  in  Germany,  with  the  Imperial 
Insurance  Office,  and  in  Luxemburg,  with  the  Government.  A 
decision  by  either  authority  was  final  and  binding  upon  under- 
writers of  the  other  country.  To  guard  the  party  entitled  against 
injustices  of  delay  arising  from  uncertainty  as  to  what  statutes 

10  E.  B.  Vol.  I,  (1906)   (9-12)  p.  372. 
"  G.  B.  Bd.  IV,  S.  306-308. 

145 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

applied  in  a  -given  case,  the  insurers  first  invoked  were  to  take 
care  of  the  injured  party,  until  it  should  be  determined  upon 
whom  the  burden  of  indemnity  was  ultimately  to  fall.  Other 
points  of  minor  interest  were  covered  including  rules  that  were 
to  govern  in  case  an  establishment  so  changed  its  place  of  opera- 
tion as  to  pass  from  the  accident  insurance  laws  of  one  country  to 
those  of  the  other. 

Franco-Italian  Pact.     Jan.  20,  ipo6. 

As  the  year  1906  opened,  the  Franco-Italian  Treaty  of  1904 
began  to  bear  fruit.  It  had  introduced  reciprocity  in  the  transfer 
of  funds  without  charge  between  the  national  banks  of  the  two 
countries,  and  had  proposed  a  similar  arrangement  between  the 
private  banks  of  the  two  countries  located  in  industrial  centers  or 
frontier  towns.  To  give  effect  to  this  latter  possibility,  an  agree- 
ment^* was  now  completed  whereby  deposits  to  the  amount  of 
1500  francs  could  be  transferred  without  expense  between  the 
private  banking  institutions  of  these  countries.  The  monies  trans- 
mitted were  to  become  subject  in  such  matters  as  interest  to  the 
regulations  of  the  receiving  bank,  while  orders  on  the  Interna- 
tional Post  Office  (mandats  d'office)  were  to  constitute  the  me- 
dium of  transfer  and  to  be  exempt  from  tax.  Ratifications  were 
exchanged  at  Paris  Dec.  11,  1906. 

Franco-Belgian  Accident  Insurance  Treaty.    Feb.  12,  igo6. 

The  Franco-Belgian  Treaty^^  was  practically  the  same  as  the 
Belgian-Luxemburg  Treaty:  Subjects  of  one  of  the  contracting 
parties  meeting  with  an  industrial  accident  in  the  territory  of  the 
other  were  to  have  the  same  guarantees  and  compensations  as 
were  provided  for  the  citizens  of  the  State  in  which  the  accident 
occurred.  The  same  principle  of  the  equality  of  treatment  of  for- 
eigners and  citizens  held  for  assigns  of  the  injured  parties  and 
so  wrought  an  exception  to  the  French  law  of  1905,  denying  to 
dependents  of  foreigners  equal  rights  with  those  of  Frenchmen. 
Also  as  in  the  other  Treaty,  exception  was  made  for  temporary 

"  A.  d.  1906,  t  97,  p.  147. 
13  £.  B.  I,   (4-6),  pp.  153-154. 

146 


PROTECTIVE  LABOR  TREATIES 

employment  of  not  over  six  months'  duration,  attention  being 
called  to  the  fact  that  this  exception  included  persons  engaged  in 
transportation  enterprises  and  employed  intermittently,  whether 
regularly  or  not,  in  the  country  other  than  that  where  the  under- 
taking held  its  domicile.  In  case  of  accident  under  these  circum- 
stances, the  law  of  the  undertaking's  domicile  applied.  The 
Treaty  was  to  take  effect  one  month  after  its  official  publication. 
Ratifications  were  exchanged  June  7,  1906. 

A  Note  of  March  12,  1910^*  enlarged  upon  Article  4,  which 
had  merely  authorized  the  authorities  of  France  and  Belgium  to 
lend  mutual  aid  in  reciprocal  execution  of  the  engagement.  This 
Note,  which  was  not  to  come  into  operation  within  three  months 
after  it  was  signed,  obligated  the  signatory  States,  upon  the  ter- 
mination of  an  inquiry  in  respect  of  an  accident,  to  give  notice  to 
the  proper  consular  authority  in  order  that  he  might  take  cogni- 
zance thereof  in  behalf  of  the  interested  parties. 

National  Accident  Insurance  Acts.^^ipoi-ipod. 

Notifications  of  the  German  Federal  Council,  under  dates  of 
1901,  1905  and  1906,  advert  to  another  phase  of  the  international 
regulation  of  accident  insurance.  The  Notification  of  June  29, 
1901  set  aside  in  favor  of  Italian  and  Austro-Hungarian  subjects 
provisions  of  Section  21  of  the  German  Accident  Insurance  Act 
and  of  Section  9  of  the  Building  Accidents  Insurance  Act,  which 
had  debarred  foreign  assigns  not  domiciled  in  Germany  at  the 
time  of  the  accident  from  claiming  compensation  or  indemnities ; 
likewise  the  Notification  revoked  in  so  far  as  concerned  the  same 
nationalities,  provisions  of  Section  94  (2)  of  the  German  Acci- 
dent Insurance  Act  and  Section  37  ( i )  of  the  Building  Accidents 
Insurance  Act,  which  had  suspended  the  right  of  German  indem- 
nity to  foreign  insurees  as  long  as  they  were  not  residents  of  the 
country.  Similar  exceptions  were  made  on  May  9,  1905  in  favor 
of  the  Grand-Duchy  of  Luxemburg,  and  on  Feb.  22,  1906  in  favor 
of  Belgian  subjects  laboring  in  Germany.  By  an  Act  of  Dec.  24, 
1903,  Belgium  had  erased  distinctions  between  natives  and  for- 

"R  B.  VI,  (1),  p.  6. 

15  E.  B.  II,  (I)  p.  1 ;  E.  B.  I,  (1-3),  pp.  V,  I.    See  also  the  work  of  E. 
Mahaim:   Le  Droit  international  ouvrier  (1913). 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

eigners  before  the  accident  insurance  laws  of  her  land ;  thus  hav- 
ing accorded  to  her  Teutonic  neighbors  for  two  years  and  over 
advantages  which  the  action  of  the  German  Federal  Council  now 
reciprocated.  These  Acts  illustrate  what  can  be  accomplished  in 
the  cause  of  the  international  protection  of  labor  by  applying  the 
principle  of  reciprocity  in  national  labor  legislation. 

I 
Franco-Italian  Accident  Insurance  Pact.    June  p,  igo6. 

In  an  agreement  ^^  of  June  9,  1906,  France  and  Italy  adopted 
definite  measures  by  which  to  realize  in  practise  the  recommen- 
dations of  the  Treaty  of  1904  on  the  subject  of  reparation  for 
injuries  caused  by  accidents.  The  principle  which  had  now  be- 
come common  to  such  treaties  was  adopted ;  viz. :  icitizens  of 
either  country  injured  while  at  work  in  the  territory  of  the  other 
acceded  to  the  same  insurance  privileges  as  were  accorded  to 
citizens  of  the  country  where  the  accident  happened.  To  assigns 
also,  whether  resident  or  not  in  the  country  of  the  accident  at 
the  time  of  the  accident,  or  whether  having  subsequently  ceased 
to  reside  there,  the  same  principle  of  the  equality  of  treatment 
of  foreigners  and  citizens  applied.  Thus  the  French  law's  dero- 
gation of  the  principle  was  now  superseded  in  so  far  as  concerned 
Italian  as  well  as  Belgian  workmen. 

The  Treaty  provided  that  French  employers  could  engage  an 
Italian  institution  to  insure  Italian  assigns  not  resident  in  France, 
conformably  to  a  table  of  provisional  rates  annexed  to  the  agree- 
ment and  subject  to  revision  thereafter.  If  an  entrepreneur  or 
insurer  vested  in  the  French  National  Old  Age  Pensions  Fund 
his  liabilities  toward  Italian  laborers,  the  function  of  paying  the 
pension  might,  on  demand  of  an  Italian  insuree,  be  turned  over 
to  the  Italian  National  Workmen's  Disablement  and  Old  Age 
Provident  Fund,  the  French  institution  paying  quarterly  to  the 
latter  the  monies  due.  In  case  of  benefits  having  a  fixed  rate, 
the  French  Fund  might  make  the  payment  in  a  lump  sum  and 
thereby  avoid  the  nuisance  of  quarterly  payments.  Similar  stipu- 
lations operated  for  the  accommodation  of  French  workmen  ac- 
quiring indemnities  in  Italy.    Direct  remittances  from  the  Italian 

»•£.  B.  II.  (1).  pp.  2-4. 

148 


PROTFXTIVE  LABOR  TREATIES 

Fund  to.  French  entitled  parties  were  to  be  made  by  postal  money 

orders,     {mandats  d' office.) 

Should  a  special  inquiry  be  concluded  with  reference  to  an  ac- 
cident, intelligence  of  the  same  was  to  be  immediately  given  to 
the  consular  authority  of  the  district  within  which  the  injured 
workman  lived  when  the  casualty  took  place.  Fiscal  advantages 
or  exemptions  granted  by  one  State  to  documents  prerequisite 
to  the  acquisition  of  insurance  monies  were  to  apply  equally  in 
the  other  State.  If  an  Italian  pensioner  not  resident  in  France 
should  fail  to  receive  payments  due  and  appeal  to  the  Guarantee 
Fund  established  by  French  law,  competence  to  deal  with  the  diffi- 
culty would  not  reside  in  the  municipal  authorities  as  under  cus- 
tomary procedure,  but  would  rest  in  the  Italian  consular  authori- 
ties at  Paris.  The  conditions  governing  the  exercise  of  consular 
power  in  such  cases  were  to  be  determined  by  tTie  authorities 
concerned  in  the  two  countries.  Necessity  might  work  the  sus- 
pension of  the  stipulations  of  the  Treaty  wholly  or  in  part.  If 
one  of  the  powers  gave  notice  of  intention  to  terminate  the  agree- 
ment in  accordance  with  the  regulations  specifically  prescribed 
for  such  action,  the  force  of  the  arrangement  was  not  to  be  im- 
paired In  so  far  as  it  concerned  redress  due  for  accidents  occur- 
ring up  to  the  time  of  its  expiration.  The  prerogatives  and  obli- 
gations vested  in  national  Funds  and  consular  authorities  by  the 
terms  of  the  Treaty  were  to  become  of  no  effect  upon  its  expira- 
tion, with  necessary  exceptions,  however,  for  the  regulation  of 
accounts  then  running  and  the  payment  of  pensions  for  which 
the  capital  in  to  to  had  been  previously  received  by  a  Fund. 

Franco-Luxemburg  Accident  Insurance  Treaty.    June  2'j,  ipo6. 

In  the  same  month  that  France  signed  the  preceding  agreement, 
she  signed  with  Luxemburg  an  accident  insurance  Treaty^^  of 
the  same  nature  as  the  other  Treaties  already  discussed.  The 
principles  covering  the  Treaty  that  France  signed  with  Belgium 
(Feb.  21,  1906)  may  be  repeated  almost  verbatim  in  an  analysis 
of  this  act.  It  was  concluded  for  an  indefinite  lapse  of  time, 
reserving  the  right  of  denunciation  to  each  party  under  condition 
of  a  year's  notice. 

"  £.  B.  II,  (1),  pp.  4-5. 

149 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

Franco-German  Understanding  With  Reference  to  Letters  Roga- 
tory. 

Before  the  close  of  the  year  1906,  a  commendable  precedent 
had  been  established  by  the  harmonious  action  of  French  and 
German  authorities  with  reference  to  the  status  of  letters  rogatory 
pertaining  to  labor  accidents  and  functioning  between  the  two 
countries.^^  It  seems  that  the  German  Secretary  of  State  for 
Foreign  Affairs  had  received  from  the  French  Ambassador  a 
letter  rogatory  emanating  from  a  French  justice  and  requesting 
the  adduction  on  German  soil  of  evidence  relating  to  a  certain  in- 
dustrial accident.  The  German  authorities  graciously  deferred  to 
the  request,  whereupon  the  Government  of  France  vouchsafed  its 
readiness  to  reciprocate  the  favor  whenever  a  similar  contingency 
should  lead  Germany  to  solicit  it.  A  common  basis  for  the  treat- 
ment of  such  letters  was  thus  established  in  a  manner  highly  cred- 
itable to  the  national  administrators  concerned.  This  spirit  of 
accommodation  is  efficacious  for  the  removal  of  mountains  in  in- 
ternational relations. 

German-Netherlands  Accident  Insurance  Treaty.    Aug.  2y,  ipoy. 

The  German-Netherlands  Treaty"  like  the  German-Luxem- 
burg Treaty  stipulated  that  persons  employed  temporarily  (not 
over  six  months)  in  one  State  by  an  enterprise  domiciled  in  the 
other  should  be  subject  to  the  compulsory  accident  insurance  laws 
of  the  undertaking's  headquarters.  It  differed  from  some  of  the 
other  Treaties  in  its  pains  to  specify  that  it  was  compulsory  insur- 
ance law  that  was  contemplated,  and  also  in  the  fact  that  the  trav- 
eling staff  of  transportation  lines  was  to  be  subject  to  the  insur- 
ance law  of  their  line's  domicile  irrespective  of  the  length  of  their 
employment  on  foreign  soil  or  the  foreign  situs  of  any  accident. 
But  these  topics  which  constituted  the  gist  of  the  German-Luxem- 
burg Treaty,  were  made  to  appear  the  exceptions  in  the  present 
Treaty,  whose  principal  and  affirmative  declaration  was  that,  sub- 
ject to  the  exceptions  noted,  those  enterprises  belonging  to  cate- 
gories of  undertakings  covered  by  the  insurance  laws  of  both 

18  Chatelain — La  Protection  internationale  ouvriere.    p.  227. 
"£.  B.  II,  C3),  pp.  350-351. 

150 


PROTECTIVE  LABOR  TREATIES 

States  and  having  headquarters  in  one  State  but  operating  in  the 
territory  of  the  other,  should  be  governed  by  the  accident  insur- 
ance law  of  the  country  of  operation.  Thus  it  did  not  specify 
the  equality  of  treatment  of  foreigners  and  subjects ;  but  in  so 
far  as  law  in  either  country  did  not  discriminate  against  foreign- 
ers, one  might  infer  that  equality  of  treatment  would  result  from 
its  terms. 

Provision  was  made  whereby  in  case  of  litigation  authorities 
of  one  country  could  obtain  the  sworn  depositions  of  witnesses 
resident  in  the  other,  while  exemptions  in  respect  of  stamp  duties 
and  fees  in  the  administration  of  the  law  of  one  Government  were 
to  apply  equally  to  the  administration  within  its  borders  of  the 
accident  insurance  law  of  the  other  contracting  Government. 
Also,  premium  rates  were  not  to  be  varied  by  one  State  so  as  to 
be  prejudicial  to  employers  whose  business  houses  had  headquart- 
ers in  the  other.  The  basis  of  ascertaining  in  the  currency  of  one 
country  the  equivalent  of  wages  paid  in  the  other  was  to  be  deter- 
mined in  a  manner  specified,  whenever  the  administration  of  the 
law  necessitated  such  calculations.  Upon  the  conclusion  of  the 
year  following  the  notice  of  its  denunciation  by  either  party,  the 
agreement  would  become  null  and  void. 

A  supplementary  Treaty  2°  of  May  30,  1914  decreed  that  per- 
sons were  to  become  subject  to  the  operation  of  this  agreement 
even  though  their  domicile  should  not  be  that  of  the  institution 
that  carried  their  risk.  This  addition  may  be  interpreted  as  in- 
dicating that,  in  so  far  as  accident  insurance  law  did  not  positively 
discriminate  against  foreigners,  it  was  desired  that  its  privileges 
should  be  shared  equally  by  both  native  and  foreign  operatives ; 
and  so  would  indicate  that  the  Treaty  favored  more  than  an  op- 
tional or  supererogatory  application  of  the  principle  of  the  equal- 
ity of  citizens  and  foreigners  before  the  insurance  laws  of  either 
country. 

Franco-British  Accident  Insurance  Treaty.     July  5,  190Q. 

The  span  of  two  years  intervened  before  another  accident  in- 
surance Treaty  was  signed.     This  time  it  was  between  France 

20  £.  B.  X,  (7-8).  p.  197. 

151 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

and  the  United  Kingdora..^^  With  the  pronunciamento  that  was 
its  chief  principle,  we  are  quite  familiar ;  v/z.,  that  of  the  recipro- 
cal accord  of  accident  insurance  to  foreign  laborers  and  assigns 
on  the  same  terms  as  to  citizens.  The  customary  exception  for 
employment  of  less  than  six  months'  duration  on  soil  other  than 
that  of  the  undertaking's  domicile  was  inserted  including  specifi- 
cally the  intermittent  employment  common  to  transportation  serv- 
ice. Ratifications  were  exchanged  Oct.  13,  1910,  and  the  Decrees 
notifying  the  Convention's  promulgation  were  published  in 
France  Oct.  28,  1910.  In  giving  effect  to  this  Treaty  a  British 
Order  in  Council  stated  that  questions  as  to  English  liability  for 
compensation  to  French  citizens,  or  amounts  of  such  indemnity, 
etc.,  were  to  be  adjudicated  by  the  County  Court.  Certain  con- 
ditions were  prescribed  by  which  the  responsibility  for  the  pay- 
ment of  insurance  to  French  pensioners  who  had  returned  to 
France,  was  transferred  from  English  to  French  authorities,  that 
is  from  the  jurisdiction  of  the  County  Court  to  the  Caisse  na- 
tionale  Francaise  des  Retraites  pour  la  Vieillesse.  An  arrange- 
ment subsequent,  and  giving  effect,  to  the  Treaty,  between  the 
British  Secretary  of  State  for  the  Home  Department  and  the 
French  Minister  of  Labor,  provided  that  in  case  of  periodic  pay- 
ments to  a  pensioner  who  went  back  to  France  to  live,  remittance 
by  the  County  Court  to  such  an  insuree  should  be  made  every 
three  months,  the  recipient  providing  each  time  a  certificate  from 
the  Mayor  of  the  Commune  in  which  he  lived,  testifying  that  he 
was  alive.  The  recipient  was  also  to  obtain,  as  often  as  the 
County  Court  required,  a  medical  certificate  specifying  whether 
or  not  he  still  remained  incapacitated.  Such  certificates  were  to 
be  authenticated  by  a  vise  of  the  prefectoral  administration  which 
would  attest  the  status  of  both  the  Mayor  and  the  doctor  con- 
cerned. 
Hungarian-Italian  Accident  Insurance  Treaty.     Sept.  ip,  ipop. 

The  fundamental  principle  in  the  Hungarian-Italian  accident 
insurance  Treaty^^  of  1909  was  the  same  as  in  the  preceding 
Treaty.  But  a  feature  new  to  this  class  of  treaties  was  the  decla- 
ration that  workmen,  who  coincident  with  employment  outside  of 

21  £.  B.  IV,  (3),  pp.  163-lM. 
22  E.  B.  V,  (1),  pp.  1-3. 


PROTECTIVE  LABOR  TREATIES 

territory  of  either  of  the  contracting  countries  suffered  injury 
in  the  service  of  a  business  concern  domiciled  in  one  of  them, 
v/ere  to  be  entitled  to  compensation  under  the  compulsory  insur- 
ance law  of  the  concern's  domicile,  unless  the  insurance  legisla- 
tion of  the  country  where  the  accident  happened  was  found  to 
cover  the  case.  Dependents  of  injured  parties  were  to  receive 
compensation  irrespective  of  their  place  of  residence  at  the  time 
of  or  after  the  accident.  In  case  subjects  resided  in  one  country 
and  drew  pension  from  an  institution  of  the  other,  means  were 
provided,  as  in  some  former  treaties,  whereby  the  insurance  com- 
pany in  question  might  transfer  its  obligation  to  the  institution 
of  the  country  where  the  pensioner  resided.  Moreover,  docu- 
ments exempt  from  fees  when  used  in  drawing  pension  in  one 
State  were  to  be  favored  similarly  when  used  for  the  same  pur- 
pose within  the  territory  of  the  other. 

Another  distinctive  feature,  also  new  to  treaties  of  this  class, 
had  to  do  with  the  creation  of  a  Court  of  Arbitration  in  case  the 
pact  gave  rise  to  litigious  differences.  Such  a  Court  was  to  be 
instituted  upon  demand  of  one  of  the  parties,  each  State  choosing 
as  arbitrators  two  subjects  of  its  own  who  would  select  a  presid- 
ing officer  from  some  third  power.  The  State  in  which  to  con- 
vene the  Court  in  the  first  instance  would  be  determined  by  agree- 
ment and  thereafter  automatically  by  the  principle  of  alternation. 
The  precise  spot  for  court  proceedings  would  be  designated  and 
made  ready  by  the  State  selected.  These  provisions  could  be 
varied  if  the  States  agreed  to  carry  on  the  proceedings  in  writing. 
Upon  application  of  the  Court  to  the  Government,  recourse  might 
be  had  to  the  authorities  of  either  State  for  the  serving  of  sum- 
mons or  letters  of  request  in  accordance  with  the  customs  of  Civil 
Court  proceedings.  Seven  years  were  to  elapse  before  the  Treaty 
could  be  denounced,  and  thereafter  withdrawal  couTd  in  no  case 
be  effected  until  Dec.  31st  of  the  year  following  that  in  which 
warning  was  given.  Certain  other  provisos  were  also  included 
to  the  end  that  defeasance  should  not  work  injustice  to  those  who 
had  become  pensioners  when  the  Treaty  was  in  force. 

Franco-Italian  Pact.     June  10,  1910. 
We  have  seen  that  in  consequence  of  the  Franco-Italian  Treaty 
of  April  15,  1904,  which  established  a  system  of  monetary  trans- 

153 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

fer  to  operate  between  the  French  National  Savings  Bank  and 
Ae  Post  Office  Savings  Bank  of  Italy,  various  other  agreements 
in  execution  of  principles  therein  stated  were  subsequently  en- 
tered upon;  viz.,  the  agreement  of  Jan.  20,  1906  governing  the 
transference  of  deposits  between  ordinary  French  and  Italian  sav- 
ings banks ;  that  of  June  9,  1906  regulating  compensation  for  in- 
dustrial accidents ;  and  now  that  of  June  10,  1910  in  protection  of 
young  workers  of  either  country  employed  within  the  other.^' 
Thus  despite  the  critic's  animadversion  of  its  hypothesizing  ten- 
dencies, the  Franco-Italian  Convention  of  1904  has  demonstrated 
that  the  spmning  of  theories  even  on  the  part  of  treaties  may  after 
all  constitute  a  road  to  their  actual  realization  in  law. 

Shortly  after  the  conclusion  of  the  Treaty  in  1904,  France  had 
proposed  a  basis  upon  which  to  formulate  measures  protecting  in 
the  manner  suggested  the  young  workers  of  both  countries ;  and 
Italy,  considerably  disturbed  about  the  employment  of  young  Ital- 
ians in  French  glass  works,  agreed  to  dispatch  a  representative 
to  enter  into  negotiations  with  reference  to  the  French  proposals. 
The  negotiations  extended  over  the  years  1905-1909  and  finally 
culminated  in  the  agreement  of  1910,  by  which  young  Italians 
desiring  to  work  in  France  and  young  Frenchmen  desiring  to 
work  in  Italy  were  obliged  to  obtain  the  necessary  employment 
book  through  compliance  with  regulations  which  were  in  general 
as  follows:  The  young  person  in  question  accompanied  by  a 
parent  or  guardian  produced  before  a  consul  of  his  government 
the  employment  book  issued  by  his  own  country.  If  he  was 
under  fifteen  years  of  age,  the  consent  of  his  legal  protector  had 
to  be  conveyed  in  a  duly  legalized  document  and  deposited  at  the 
consulate.  When  the  consular  certificate  duly  certified  and  bear- 
ing the  applicant's  photograph  had  thus  been  procured,  he  could 
obtain  the  requisite  employment  book  from  the  Mayor  or  proper 
communal  authority  of  the  foreign  State  wherein  he  desired  to 
labor.  Where  children  between  the  ages  of  twelve  and  thirteen 
were  concerned,  additional  certificates  were  required,  particularly, 
the  French  elementary  school  certificate  or  the  Italian  certificate 
prescribed  by  Act  of  July  15,  1877.     (No.  3961.) 

At  the  very  beginning  of  the  negotiations  over  the  agreement 

28  £.  B.  V.  (4),  pp.  329-332. 

IS4 


PROTECTIVE  LABOR  TREATIES 

five  years  previous,  Italy  had  requested  that  Italian  children  under 
fifteen  be  denied  employment  books  by  French  authorities;  but 
inasmuch  as  French  children  were  admitted  to  work  at  the  ages 
of  twelve  and  thirteen,  the  authorities  could  not  see  their  way 
clear  to  make  special  exceptions  in  favor  of  Italian  children. 
Moreover  such  action  would  be  extraneous  to  what  was  contem- 
plated by  the  Treaty  of  1904,  which  had  merely  stated  that  the 
nature  of  the  documents  and  forms  of  the  certificates  required  for 
presentation  to  consular  and  mayoral  offices  should  be  determined 
and  properly  inspected,  and  that  committees  of  protection  should 
be  organized.  The  French  authorities  promised,  however,  to  in- 
troduce into  the  Treaty  such  measures  as  would  adequately  pro- 
tect young  Italian  employees,  especially  those  in  unhealthy  occupa- 
tions such  as  the  manufacture  of  glass.  Some  of  its  protective 
measures  relating  to  children  under  fifteen  have  been  mentioned. 
The  following  clauses  of  the  Treaty  in  further  extension  of  the 
protective  principle  are  worthy  of  complete  citation:  "Employ- 
ment in  unhealthy  and  dangerous  trades  shall  be  regulated  by  the 
law  in  force  in  the  country  where  the  work  is  performed.  In  the 
case  of  glass  and  crystal  works,  dangerous  and  unhealthy  opera- 
tions which,  at  the  date  of  the  signing  of  this  agreement,  may 
not  lawfully  be  performed  by  young  persons  in  Italy,  shall  not  be 
lawfully  performed  by  young  persons  in  France,  and  reciprocally. 

"In  view  of  the  fact  that  the  age  of  protected  persons  is  not 
identical  under  the  French  Act  of  2nd  November,  1892,  and  the 
Italian  Act  of  loth  November,  1907,  the  Decrees  issued  in  both 
countries  in  pursuance  of  their  respective  Acts  shall  specify  the 
age  of  persons  whom  it  shall  not  be  lawful  to  employ  in  the  op- 
erations in  question. 

"The  two  Governments  shall  use  their  best  endeavors  to  intro- 
duce uniformity  in  the  age  of  protected  persons  by  means  of  inter- 
nal regulations.  With  this  object  they  shall,  if  necessary,  promise 
an  international  Agreement  within  the  meaning  of  S  3  of  the  Con- 
vention of  April  15,  1904." 

Various  documents  and  certificates  that  might  be  issued  from 
time  to  time  in  pursuance  of  the  Treaty  were  to  be  exempt  from 
fees  in  conformity  to  the  law  of  both  countries  and  their  prepara- 
tion by  consular  authorities  was  to  be  without  charge  to  the  young 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

persons  concerned.  A  strict  ia'".pectorate  with  confiscation  of  ail 
employment  books  or  certificates  irregularly  issued  was  also  re- 
quired, together  with  the  record  of  all  such  confiscations.  Fi- 
nally in  fulfillment  of  that  contemplated  by  the  Treaty  of  1904, 
protective  committees  were  to  be  organized  in  large  industrial 
centers,  including  in  their  membership  as  many  of  the  young 
v/orkers'  fellow  countrymen  as  possible  and  giving  gratuitous 
service.  The  enforcement  of  the  law  in  general  and  of  Acts 
particularly  specified,  the  detection  of  its  violation  or  any  mal- 
feasance in  respect  thereto,  and  the  reporting  of  the  same  to 
proper  authorities  were  to  be  within  the  province  of  the  commit- 
tees' supervision.  The  Treaty  was  to  remain  in  force  five  years, 
and  if  not  denounced  six  months  previous  to  the  conclusion  of 
that  period,  it  would  continue  to  be  binding  for  another  five-year 
period,  and  so  on.  This  is  an  important  feature  and  is  certainly 
conducive  to  much  greater  stability  and  certainty  in  international 
relations  than  in  the  cases  where  treaties  may  be  denouncd  from 
year  to  year. 

Franco-Italian  Arrangement,  August  p,  igio. 

Within  a  short  time  Italy  and  France  concluded  another  agree- 
ment growing  out  of  the  Treaty  of  1904.  This  arrangement^* 
prescribed  conditions  under  which  the  beneficiaries  of  persons, 
whether  Italians  or  Frenchmen,  could  draw  their  pensions  from 
institutions  of  the  country  in  which  they  lived,  although  the  pen- 
sion had  been  originally  acquired  from  an  institution  of  the  other 
country. 

German-Swedish   Treaty   Contemplating   Workmen's  Insurance. 

May  2,  ipii. 

A  Treaty  of  Commerce  and  Navigations^  between  Germany 
and  Sweden  imitated  the  example  of  the  Swiss-Italian  and  Ger- 
man-Italian Treaties  of  1904,  wherein  workmen's  insurance  be- 
came an  object  of  contemplation  for  the  parties  concerned,  in  re- 
lation to  the  question  of  according  equal  advantages  to  the  sub- 

2*  Mahaim — Le  Droit  international  ouvrier,  Annexe  V,  p.  328. 
25  E.  B.  VII,  (11-12)  p.  cv. 

156 


PROTECTIVE  LABOR  TREATIES 

jects  of  either  party  laboring  within  the  boundaries  of  the  other. 
While  seeming  to  contemplate  a  broader  field  than  accident  insur- 
ance only,  the  praiseworthy  ends  presented  by  these  Treaties  had 
not  up  to  this  time  (1911)  been  realized  between  any  of  the 
parties  to  them,  even  in  the  wellbeaten  path  of  accident  insurance 
understandings. 

Franco-Danish   Treaty.     Aug.   p,   igii. 

An  entirely  new  type  of  Treaty  made  its  appearance  in  the 
series  we  are  considering,  Aug.  9,  191 1,  called  the  Franco-Danish 
Treaty  of  Arbitration.'^  It  provided  that  differences  of  a  judicial 
character  arising  cut  of  the  interpretation  of  treaties  were,  in  de- 
fault of  settlement  by  diplomatic  channels,  to  be  submitted  to  arbi- 
tration at  The  Hague,  except  in  cases  that  affected  the  indepen- 
dence, honor,  or  vital  interest  of  either  of  the  contracting  States, 
or  the  interest  of  third  powers;  which  means,  as  we  pointed  out 
with  reference  to  the  proposal  of  the  Portuguese  Delegation  at 
The  Hague,  that  either  party  can  reserve  from  adjudication  at 
The  Hague  anything  it  pleases. 

But  the  Franco-Danish  Treaty  contains  the  earnest  of  an  ad- 
vance to  higher  ground  in  these  particulars.  Four  classes  of 
questions  are  by  it  entirely  excluded  from  any  appeal  to  the  reser- 
vation above  remarked;  in  other  words,  the  contracting  States 
agreed  that  imder  all  circumstances  certain  questions  should,  as 
a  last  resort,  automatically  become  subject  to  arbitration  at  The 
Hague.  Of  these  classes  thus  made  the  subjects  of  compulsory 
arbitration,  the  last  two  are  of  particular  interest  to  us : 

"(3)  Interpretation  and  application  of  the  stipulations  of  the 
Convention  relating  to  trade  and  navigation. 

"(4)  Interpretation  and  application  of  the  stipulations  of  the 
Convention  relating  to  the  matters  hereunder  indicated : 

"Industrial  property,  literary  and  artistic  property,  interna- 
tional private  right  as  regulated  by  the  Hague  Conventions,  inter- 
national protection  of  workers,  posts  and  telegraphs,  weights  and 
measures,  sanitary  questions,  submarine  cables,  fisheries,  measure- 
ment of  ships,  white  slave  trade." 

262£.  B.  VI,  (3),  pp.  229-230. 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

The  disagreements  relating  to  No.  4  and  subject  to  judicial  au- 
thority under  territorial  law,  were  to  await  the  decision  of  na- 
tional jurisdiction  before  they  were  referred  to  arbitration,  and 
awards  of  the  arbitration  tribunal  were  not  to  affect  previous  ju- 
dicial decisions ;  but  the  contracting  parties  agreed  to  take  meas- 
ures on  occasion  to  bring  about  the  adoption  of  the  arbitrator's 
interpretation  by  the  State  tribunals.  Thus  while  the  Arbitral 
Tribunal  was  precluded  from  annulling  the  decisions  of  national 
tribunals,  its  decisions  were  to  be  looked  up  to  as  a  standard  by 
which  to  unify  diverse  principles  of  judicial  interpretation  obtain- 
ing within  the  judicatures  of  the  two  countries.  Should  the  parties 
disagree  as  to  whether  a  difference  belonged  to  the  category  of 
disputes  to  be  submitted  to  compulsory  arbitration,  the  Treaty  in- 
vested the  Arbitral  Tribunal  with  authority  to  decide ;  or,  should 
the  parties  be  unable  to  reach  a  compromise,  after  a  year's  no- 
tification by  one  of  them  authority  would  vest  in  the  Permanent 
GDurt  to  establish  such  a  compromise.  The  Convention  would 
renew  itself  for  five-year  periods  under  tacit  consent. 

Swedish-Danish  Sick  Funds  Compact. 

Another  novel  international  arrangement  ^"^  was  that  entered 
into  in  the  same  year  (1911)  between  Sveriges  Allmdnna  Sjuk- 
kasseforbund  ("Swedish  General  Association  of  Sick  Funds") 
and  De  samverkande  danske  centralforeningar  af  Sjukkasson 
("United  Central  Associations  of  Sick  Funds  of  Denmark"),  ter- 
minable after  one  year's  notice  by  either  party.  This  agreement, 
entirely  unofficial,  made  it  possible  for  a  member  of  Sick  Funds 
in  one  Association,  changing  his  residence  to  the  country  of  the 
other,  to  become  immediately  a  member  of  the  Sick  Funds  there, 
wholly  unhampered  by  any  requirement  of  entrance  fee,  age,  state 
of  health,  period  of  waiting,  etc.  After  Dec.  31,  191 1,  persons 
who  joined  Sick  Funds  after  their  fortieth  birthday,  would  not 
become  entitled  to  this  privilege  of  transfer.  The  Association 
with  which  a  constituent  cancelled  his  conection  was  relieved  of 
all  liabilities  of  the  case,  and  the  withdrawer  became  subject  to 
any  special  conditions  governing  the  Sick  Funds  to  which  he 

27  £.  B.  VII,  (11-12)  p.  cv. 

158 


FROTECriVE  LABOR  TREATIES 

transferred  his  membership.  Annual  reports  were  to  be  ex- 
changed between  the  Associations,  specifying  all  Sick  Funds,  be- 
longing to  either  organization,  that  were  parties  to  the  agreement. 
Any  serious  differences  arising  between  such  Sick  Funds  of  the 
two  countries  were  to  be  resolved  by  the  chief  organizations  of 
each,  or  as  a  last  appeal,  by  the  Sick  Funds  Inspector  of  the  coun- 
try to  which  membership  had  been  transferred.  Jan.  i,  1912  was 
set  as  the  date  for  the  agreement  to  take  effect. 

Draft  for  Spitzenhergen  Convention.     Jan.  26,  igi2. 

A  draft  ^^  under  date  of  Jan.  26,  1912  for  an  international  Con- 
vention in  respect  of  labor  at  Spitzenhergen  laid  down  rules  under 
which  employers  were  to  enter  into  a  written  contract  with  each 
workman ;  and,  in  case  of  sickness,  accord  to  the  laborer  proper 
attendance  free  of  charge.  In  case  of  accident  the  employer, 
beside  complying  with  the  foregoing  requirement  was  to  pay  an 
indemnity.  Another  equally  salutary  stipulation,  unusual  to 
drafts  for  international  conventions,  and  evidently  based  on  the 
principle  that  an  ounce  of  prevention  is  worth  a  pound  of  cure, 
was  the  prohibition  of  the  sale  of  alcoholic  beverages  to  the 
worker  by  or  on  behalf  of  the  employer. 

German-Belgian  Accident  Insurance  Treaty.     July  6,  igi2. 

Approximately  six  months  after  the  date  of  this  proposal,^* 
Belgium  and  Germany  entered  into  an  accident  insurance 
Treaty^"  that  complemented  insurance  legislation  of  the  two 
States  in  1903  and  1906  respectively.  Except  for  State  or  trans- 
portation undertakings,  enterprises  domiciled  within  one  country 
and  extending  their  sphere  of  operation  into  the  other  were  to 
become  subject  to  the  accident  insurance  laws  of  the  country 
where  operations  were  carried  on,  provided  compulsory  accident 
insurance  obtained  for  the  category  of  establishments  in  question 

28  Bulletin  of  the  International  Labor  Office.    IX,  (8-10)  p.  319. 

28  For  another  Convention  of  something  of  this  character  signed  (Oct. 
20,  1906)  by  England  and  France  concerning  the  recruitment  of  native 
laborers  in  the  New  Hebrides,  see  E.  B.  II,   (3)  pp.  345-350. 

»»  E.  B.  VIII,  (2),  pp  47-49. 

159 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

in  both  States.  We  recognize  that  this  agrement  is  of  the  same 
type  as  the  German-Netherlands  Treaty.  With  sUght  variations, 
the  general  exception  met  with  in  most  of  these  treaties  held  good 
for  this ;  that  is,  for  the  first  six  months  of  operation  in  territory 
of  the  foreign  State,  undertakings  would  be  subject  to  the  insur- 
ance legislation  of  the  home  State  in  so  far  as  concerned  em- 
ployees who  had  been  previously  attached  to  the  works  when  func- 
tioning in  the  home  State.  In  calculating  the  period  of  operation 
outside  the  country  of  domicile  with  reference  to  a  series  of 
works  carried  on  concurrently  or  successively,  the  time  would  be 
reckoned  from  the  beginning  of  the  first  to  the  termination  of  the 
last  of  such  works;  but  should  an  interval  of  over  thirty  days 
elapse  between  the  completion  of  one  operation  and  the  com- 
mencement* of  the  next,  a  new  period  of  six  months  would  begin 
for  the  operation  in  question. 

Certain  State  undertakings  were  to  be  subject  in  all  cases  to  the 
accident  insurance  regulations  of  the  home  State,  while,  as  pro- 
vided in  the  German-Netherlands  Treaty,  the  staff  of  the  travel- 
ing portions  of  transportation  enterprises  were  to  be  protected  in 
all  cases  by  the  insurance  laws  of  the  home  State.  Actions  for 
civil  liability  connected  with  accidents  were  to  occur  under  the 
law  of  the  country  whose  legislation  on  compensation  applied  in 
the  case.  The  agreement  contained  the  usual  stipulations  rela- 
tive to  engaging  the  mutual  assistance  of  authorities  in  execution 
of  the  laws  of  one  State  within  the  other,  including  exemptions 
from  stamp  duties,  the  intermediacy  of  consular  agencies,  the  es- 
tablishment of  a  standard  by  which  to  express  value  in  different 
systems  of  coinage,  etc.  Notice  of  its  discontinuance  might  be 
given  at  any  time ;  at  the  end  of  the  year  following  such  notice, 
the  Treaty  would  be  terminated.  The  documents  ratifying  the 
Treaty  were  exchanged  on  loth  January,  1913. 

German-Italian  Accident  Insurance  Treaty.     July  51,  IQ12. 

Less  than  a  month  after  the  conclusion  of  the  German-Belgian 
Treaty,  the  most  comprehensive  insurance  Treaty^^  yet  drawn  up 
was  signed  by  the  representatives  of  Germany  and  Italy.     Thus 

31  £.  B.  VIII,  (3-4),  pp.  99-103. 

160 


PROTECTIVE  LABOR  TREATIES 

the  suggestions  of  the  German-ItaUan  Treaty  of  1904  at  last  ma- 
teriaHzed,  and  on  an  unprecedented  scale;  for  the  departments 
of  this  Treaty  were  distinct  and  four  in  number,  including : 
I.  Accident  Insurance. 
II.  Invalidity,  Old  Age  and  Survivors'  Insurance. 

III.  General  Provisions. 

IV.  Final  Provisions   (in  part,  contemplating  future  conven- 

tions). 

The  part  devoted  to  accident  insurance  was  another  repetition 
of  the  principle  of  the  equality  of  foreigners  and  citizens  before 
the  law  of  the  country  in  which  they  labored.  The  agreement 
held  good  for  Italian  Accident  Insurance  of  agricultural  laborers 
only  in  case  they  were  insured  according  to  the  Italian  Act  of 
Jan.  31,  1904.  A  person  might  vacate  his  right  to  pension  by  ac- 
cepting a  lump  sum  equal  to  three  times  the  amount  of  his  an- 
nuity; if  the  insurers  preferred  to  make  over  to  a  pensioner  a 
capital  sum  equivalent  to  the  value  of,  and  in  lieu  of,  his  periodic 
pension,  the  insuree  was  obliged  to  accept. 

The  provisions  of  Part  II  dealing  with  invalidity,  old  age  and 
starvivors'  insurance  were  more  complicated.  It  should  be  re- 
membered in  this  connection  that  contributions  for  the  purchase 
of  insurance  in  German  institutions  were  derived  in  part  from 
employers  as  well  as  from  employees,  and  that  not  only  was  insur- 
ance compulsory,  but  it  extended  its  benefits  under  certain  con- 
ditions even  to  Germans  working  outside  their  State;  e.g.,  in  Italy. 
Contributions  for  and  in  behalf  of  Italian  subjects  to  the  German 
Invalidity  and  Survivors'  Insurance  were  to  be  equal  to  payments 
for  German  subjects,  even  if  the  Italians  were  enrolled  at  the  same 
time  in  an  institution  of  their  own  land ;  viz.,  Cassa  Nazionale  di 
Previdenza  per  la  invalidita  e  per  la  vecchiaia  degli  operai,  or 
Cassa  Invalidi  della  Marena  Mercantile.  An  Italian  thus  doubly 
enrolled  might  demand  that  half  of  the  money  used  to  purchase 
his  insurance  in  the  German  institution  be  paid,  in  his  behalf,  by 
the  German  insurer  to  the  Italian  Fund ;  in  which  case  the  Italian 
subject  or  his  assigns  could  claim  insurance  from  the  Italian  in- 
stitution only.  For  claims  arising  previous  to  the  application  for 
transfer,  the  Cierman  institution  would  stand  liable.  Italians 
might  also  transfer  to  their  own  national  institutions  additional 

i6t 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

voluntary  insurance  bought  under  German  law.  Military  duty  in 
Italy  was  to  be  reckoned  as  the  equivalent  of  such  duty  in  Ger- 
many under  the  insurance  law  of  the  latter.  Differences  in  the 
insurance  legislation  of  the  two  States  rendered  many  stipulations 
of  the  Treaty  applicable  to  only  one  of  the  parties  to  it. 

The  subjects  of  Germany  in  Italy  were  privileged  to  enroll  as 
members  of  the  Italian  National  Provident  Fund  upon  an  equal 
footing  with  Italian  subjects  save  for  certain  exceptions  specified. 
Such  a  German  insuree  could  require  the  refund  by  the  Italian 
institution  of  all  payments  made  to  it  in  his  behalf,  should  he 
leave  Italy  before  the  contingency  of  insurance  arose.  Italian 
employers  paying  premiums  to  the  Fund  for  workmen  of  their 
own  nationality  were  obligated  to  do  the  same  for  German  work- 
ers. The  fundamental  principle  governing  the  insurance  of  Ger- 
mans in  the  Mercantile  Marine  Invalidity  Fund  of  Italy  was  the 
same  as  for  the  other  Fund.  If  a  German  drawing  pension  from 
either  Fund  voluntarily  situated  his  home  beyond  Italian  terri- 
tory, his  policy  lapsed  upon  his  receipt  of  a  payment  triple  the 
amount  of  his  annuity.  Should  the  German  leave  the  country 
upon  the  order  of  Italian  authorities,  his  pension  would  not  suffer 
suspension,  although  it  might  be  terminated  by  the  process  of 
triplication;  but  if  his  departure  were  in  consequence  of  convic- 
tion for  crime,  his  pension  would  be  forfeited. 

Part  III  of  the  Treaty,  declarative  of  general  provisions  after 
the  order  of  treaties  already  studied,  enjoined  that  mutual  assis- 
tance be  accorded  by  the  authorities  of  each  body  politic  in  all  mat- 
ters concerned  with  the  execution  of  the  law;  that  exemptions 
from  stamp  duties  and  fees,  decreed  by  one  country  for  its  own 
administration,  were  to  be  extended  to  the  administration  within 
its  confines  of  the  insurance  laws  of  the  other;  and  that  the 
proper  consular  authorities  were  always  to  be  notified  of  the  con- 
clusion of  an  inquiry  into  an  accident  relevant  to  insurance  pro- 
ceedings. Also  for  the  purpose  of  taking  evidence  or  serving 
legal  papers  in  foreign  jurisdiction,  arrangements  were  contem- 
plated whereby  the  assistance  of  the  consular  authorities  of  either 
country  might  be  invoked. 

There  were  also  stipulations  heretofore  unknown  to  this  class 
of  treaties.    For  the  administration  of  German  insurance  within 

162 


PROTECTIVE  LABOR  TREATIES 

Italy,  the  latter  was  to  send  to  the  German  Government  a  list 
of  the  names  of  Italian  doctors,  hospitals,  etc.  suitable  for  medi- 
cal treatment  of  injured  Germans,  besides  also  seeing  to  it  that 
expenses  in  connection  with  these  individuals  and  institutions 
should  not  become  excessive. 

Part  IV,  entitled  "Final  Provisions,"  was  of  the  order  of  reso- 
lutions that  looked  toward  future  agreements,  which  we  have  dis- 
covered to  be  sometimes  condemned  and  frequently  made  light  of 
as  insufficiently  practical ;  but  in  view  of  the  offspring  which  they 
now  can  boast,  we  are  justified  in  lending  them  for  a  few  mo- 
ments at  least  our  careful  and  respectful  attention.  The  signa- 
tories considered  a  future  convention  enlarging  the  scope  of  this 
agreement  so  as  to  include  agricultural  insurance,  when  such  a 
system  should  be  introduced  in  Italy  as  might  be  deemed  equiva- 
lent to  German  Agricultural  Accident  Insurance.  Likewise  they 
looked  forward  to  the  conclusion  of  a  convention  placing  their 
respective  subjects  upon  the  same  footing  with  respect  to  invalid- 
ity, old-age,  and  survivors'  insurance,  when  Italy  in  this  phase 
of  insurance  had  evolved  an  organization  equal  to  that  of  Grer- 
many. 

The  date  for  the  Treaty's  coming  into  force  was  April  i,  1913; 
it  could  be  denounced  at  any  time  and  would  cease  to  be  valid 
at  the  end  of  the  year  following  such  notice.  Ratifications  were 
exchanged  at  Berlin  March  25,  1913,  and  six  days  later  there  ap- 
peared in  Germany  official  notifications  with  reference  to  special 
measures  to  be  pursued  in  execution  of  certain  of  its  articles  and 
paragraphs. 

German-Spanish  Accident  Agreement  Respecting  Sailors. 

An  accident  contract''^  respecting  sailors  was  concluded  be- 
tween Germany  and  Spain  by  an  exchange  of  Diplomatic  Notes 
on  Nov.  30,  1912  and  Feb.  12,  1913.  By  this  agreement,  if  a 
Spanish  sailor  on  board  a  German  ship  met  with  an  accident  in 
a  German  port,  or  was  brought  to  a  German  port  after  the  acci- 
dent, German  officials  were  to  notify  the  competent  Spanish  con- 
sul; similar  procedure  was  obligatory  if  the  port  was  non-Grcr- 

32  £.  B.  VIII,   (6-7),  p.  247. 

163 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

man;  and  if  the  port  was  Spanish  and  at  the  same  time  a  chief 
town  of  a  province  the  civil  Government  or  else  the  Alcade  was 
to  be  notified.  In  case  the  accident  occurred  on  the  high  seas,  it 
was  incumbent  upon  the  German  Consul  to  notify,  if  possible,  the 
proper  authorities  within  twenty-four  hours  from  the  moment 
the  ship  entered  a  Spanish  port.  By  interchanging  the  words 
"Spanish"  and  "German"  reciprocal  action  was  specified  for  a 
German  injured  in  the  employ  of  a  Spanish  ship,  except  that  in 
the  clause  last  referred  to  in  the  agreement,  the  last  two  words; 
vis.,  "Spanish  port"  seem  to  have  been  retained  in  the  reciprocal 
rephrasing  of  the  clause  instead  of  inserting  the  naturally  expected 
words  "German  port." 

Treaty  Between  Italy  and  the  United  States.    Feb.  2^,  1913. 

By  reason  of  the  fact  that  the  prerogatives  of  labor  legislation 
have  inhered  principally  in  the  individual  commonwealths  of  the 
American  Republic  rather  than  in  congressional  legislation,  and 
because  constitutional  tradition  upholding  the  theory  of  the  parti- 
bility  of  soverignty  has  been  very  jealous  of  what  is  known  as 
"state's  rights"  in  contradistinction  to  national  centralization  of 
authority,  the  liberty  that  the  United  States  might  otherwise  have 
felt  free  to  exercise  in  matters  pertaining  to  international  agree- 
ments in  protection  of  labor  has  been  greatly  lessened.  An  ex- 
ample of  about  the  best  we  have  done  thus  far  in  the  way  of  a 
protective  labor  Treaty  is  the  agreement  signed  between  Italy  and 
the  United  States  under  date  of  Feb.  25,  1913  in  amendment  of 
an  old  Treaty  of  Commerce  and  Navigation  of  Feb.  26,  1871. 
The  principle  clause  of  the  late  agreement  ^^  is  as  follows : 

"The  citizens  of  each  of  the  High  Contracting  Parties  shall  re- 
ceive in  the  States  and  Territories  of  the  other  the  most  constant 
security  and  protepfcion  of  their  persons  and  property  and  for 
their  rights,  including  that  form  of  protection  granted  by  any 
State  or  national  law  which  establishes  a  civil  responsibility  for 
injuries  or  for  death  caused  by  negligence  or  fault,  and  gives  to 
relatives  or  heirs  of  the  injured  party  a  right  of  action  which  shall 
not  be  restricted  on  account  of  the  nationality  of  said  relatives  or 
heirs;  and  shall  enjoy  in  this  respect  the  same  rights  and   privi- 

33  £.  B.  VIII,  (9-10),  p.  363. 

164 


PROTECTIVE  LABOR  TREATIES 

leges  as  are  or  shall  be  granted  to  nationals,  provided  that  tlic\- 
submit  themselves  to  the  conditions  imposed  on  the  latter." 

There  is  comparatively  little  federal  law  in  America,  other  than 
that  covering  federal  employees  or  employees  engaged  in  inter- 
state commerce,  that  may  be  termed  distinctively  protective  labor 
law.  As  an  example  of  such  law  we  may  note  that  the  use  of 
white  phosphorus  in  the  manufacture  of  matches  has  been  effec- 
tively prevented  through  a  statute  prohibiting  the  importation  or 
exportation  of  matches  containing  the  substance,  and  levying  a 
prohibitive  tax  upon  such  matches.^*  At  the  same  time  state  laws 
are  very  diverse  and  in  many  instances  very  deficient,  which  is  a 
situation  that  cannot  continue  indefinitely  if  we  are  to  maintain 
a  place  in  the  sphere  of  industrial  legislation  compatible  and  com- 
parable with  the  dignity  of  our  social  and  political  position  in  the 
world. 

Franco-Swiss  Insurance  Agreement.    Oct.  jj,  igiS' 

In  the  same  year  (1913)  France  and  Switzerland  entered  into 
an  imderstanding  ^^  to  prevent  Frenchmen  or  foreigners  working 
on  French  soil  and  regularly  employed  by  the  Swiss  Federal  Rail- 
roads from  becoming  subject  to  the  old-age  insurance  systems  of 
both  France  and  Switzerland.  The  legislation  of  the  two  coun- 
tries was  dissimilar,  but  the  agreement  dissipated  the  difficulties 
which  had  arisen  by  stipulating  that  such  employees  on  French 
soil  might  be  insured  in  the  Swiss  system  in  place  of  the  French ; 
but  if  not  insured  in  either,  they  were  obliged  to  take  out  pro- 
tection according  to  the  terms  of  French  law. 

As  a  side  light  upon  the  compulsory  old-age  insurance  of  rail- 
road employees  obtaining  in  both  France  and  Switzerland,  it  is 
worthy  of  note  that  by  an  Act  of  July  21,  1909,^^  France  com- 
pelled the  great  railway  lines  to  insure  all  employees  in  a  retiring 
pension  scheme,  to  which  contributions  were  made  by  the  railway 
companies  and  by  means  of  deductions  from  the  salaries  of  the 
employees.    The  scope  of  old-age  pension  in  France  was  extended 

^*  United  States  Statutes  at  Large  (1911-1913),  Vol.  37,  Part  I,  p.  81. 
Chap.  75. — An  Act  to  provide  for  a  tax  upon  white  phosphorus  matches, 
and  for  other  purposes. 

36  £.  B.  IX,   (3),  p.  61. 

86  E.  B.  IV,  (4)  pp.  302-305. 

165 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

by  an  Act  of  April  5,  1910,"  entitling  to  its  benefits  employees 
of  both  sexes  in  industry,  agriculture,  commerce,  and  the  liberal 
professions,  servants,  state  employees  not  insured  in  civil  or  mili- 
tery  systems,  and  employees  of  Departments  and  communes.  It 
was  in  general  a  compulsory  system  with  support  derived  from 
state  subsidies,  contributions  of  employers,  and  either  compulsory 
or  voluntary  contributions  of  insured  parties  according  as  the 
case  might  require.  Foreign  laborers  came  within  the  terms  of 
its  requirements  without  benefit  of  employers'  contributions  or 
budgetary  subventions  except  as  reciprocity  treaties  with  other 
countries  might  provide  for  such  privileges. 

Italian-German  War  Arrangement.    May  12-21,  igi^. 

The  following  clause  explains  an  agreement^^  between  Italy 
and  Germany  after  the  outbreak  of  the  World  War;  and  just  be- 
fore Italy's  Declaration  of  War  upon  Austria-Hungary  (May  23, 
1915).  "The  subjects  of  either  of  the  two  States  shall  continue  to 
enjoy  the  benefits  provided  in  the  laws  in  force  in  the  other  coun- 
try in  the  matter  of  social  insurance.  The  power  to  take  advan- 
tage of  the  rights  in  question  shall  not  be  resticted  in  any  man- 
ner." 

*     *     * 

There  are  certain  principles  which  in  general  are  common  to 
these  international  agreements  covering  insurance,  particularly 
accident  insurance.    In  brief  they  stipulate  for : 

(i)  Equality  of  treatment  of  foreigners  and  citizens  working 
in  the  same  country,  before  the  insurance  law  of  that  country. 

(2)  An  exception  for  the  first  six  months  of  an  establishment's 
operation  on  foreign  soil,  during  which  the  insurance  laws  of  the 
State  of  its  domicile  apply. 

(3)  Inclusion  of  transportation  lines  in  the  above  exception. 

(4)  Mutual  aid  in  the  administration  of  the  laws  of  one  coun- 
try within  the  territory  of  the  other. 

(5)  Reciprocal  grant  of  special  exemptions  in  the  administra- 
tion of  the  insurance  law  of  one  State  within  the  territory  of  the 
other  (usually,  to  the  effect  that  special  advantages  and  excep- 
tions incident  to  the  insurance  legislation  of  one  State  shall  apply 

"  E.  B.  V,  (4)  pp.  361-375. 
38  £.  B.  XI,  (6-7),  p.  181. 

166 


PROTECTIVE  LABOR  TREATIES 

to  the  administration  within  its  territory  of  the  insurance  law  of 
the  other). 

(6)  Denunciation  of  the  Treaty  to  take  effect  one  year  after 
notice;  (or,  as  sometimes  stated,  at  the  expiration  of  the  year  fol- 
lowing the  denunciation). 

(7)  Notification  of  the  inquiry  into  an  accident  to  the  proper 
consular  authority,  (frequently,  under  the  condition  that  such 
notification  be  tendered  immediately,  upon  the  conclusion  of  the 
inquiry,  to  the  consul  in  the  district  where  the  injured  party  re- 
sided at  the  time  of  the  accident.) 

(8)  Facilities  by  which  insurance  acquired  by  individuals  in  a 
foreign  country  may  be  paid  to  them  through  institutions  of  their 
own  country. 

(9)  A  forecast  of  possible  treaties  of  the  future. 

The  foregoing  treaties  on  accident  insurance  may  be  roughly 
classified  in  groups  according  to  the  above  principles.  Treaties 
completely  characterized  by  principle  No.  9  in  so  far  as  relates  to 
workmen's  insurance  are  the  Swiss-Italian  (1904),  the  German- 
Italian  (1904),  the  German-Austro-Himgarian  (1905),  and  the 
German-Swedish  (1911).  The  same  is  true  of  the  Franco-Italian 
Treaty  (1904)  in  so  far  as  it  relates  to  accident  insurance. 

A  group  of  agreements  providing  in  general  that  firms  operat- 
ing in  the  territory  of  the  other  country  less  than  six  months  are 
to  be  subject  to  the  accident  insurance  law  of  the  country  of 
operation,  are  the  German-Luxemburg  Treaty  (1905)  to  which 
principles  2-3-4-5  apply,  the  German-Netherlands  Treaty  (1907) 
to  which  principles  2-4-5-6  are  applicable,  and  the  German-Bel- 
gian Treaty  (1912)  to  which  apply  the  same  principles  2-4-5-6. 

The  category  to  which  belong  the  largest  number  of  treaties,  is 
distinguished  by  a  precise  declaration  of  the  principle  that,  in 
respect  of  compensation  for  accidents,  subjects  of  either  party 
working  in  the  territory  of  the  other  are  to  enjoy  equal  privileges 
with  the  citizens  of  the  land  In  which  they  labor.  This  group 
in  which  are  all  of  the  following  treaties,  may  be  further  sub- 
divided. To  the  Belgian-Luxemburg  Treaty  (1905),  the  Franco- 
Luxemburg  Treaty  (1906),  and  the  Franco-Belgian  Treaty 
(1906),  principles  1-6  inclusive  apply,  covering  also  principle  7 
in  the  case  of  the  last-named  Treaty ;  by  the  Franco-Italian  agree- 

167 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

ment  (1906),  the  Hungarian-Italian  agreement  (1909),  and  the 
German-Italian  agreement  (1912),  principles  1-4-5-6-7-8  are 
clearly  stated,  including  No.  9  in  the  instance  of  the  German-Ital- 
ian Treaty.  The  Franco-British  Treaty  (1909)  contains  princi- 
ples 1-2-3-4-6-8. 

Much  however  that  is  not  stated  in  a  treaty  In  so  many  words 
may  be  enacted  in  pursuance  of  its  interpretation  by  a  protocol 
or  by  administrative  authorities.  Moreover,  the  existence  of 
other  law  may  make  unnecessary  a  statement  of  principle  that 
would  otherwise  occur.  Therefore,  if  an  insurance  treaty  does 
not  formally  specify  that  subjects  of  both  countries  are  to  be 
treated  equally  in  respect  of  the  insurance  law  of  either,  it  is 
patent  that  the  omission  of  itself  constitutes  no  proof  that  the 
principle  is  not  applied  by  the  parties  in  question.  Thus  we  find 
Germany  by  virtue  of  her  national  legislation  applying  various 
phases  of  this  principle  in  her  treatment  of  laborers  of  Belgium 
and  Luxemburg  within  her  territory,  although  her  accident  insur- 
ance Treaties  with  these  countries  do  not  make  any  statement 
specifically  to  this  effect, 


168 


APPENDIX    I. 

Labor  Law  Internationally  Adopted. 


CONTENTS 
APPENDIX  I. 

Labor  Law  Internationally  Enacted 

Exhibit.  Page. 

1.  Draft  of  an  International  Convention  Respecting  the  Prohibition 
of  the  use  of  White    (Yellow)    Phosphorus  in  the   Manufacture 

of  Matches  (1905)   174 

2.  Draft  of  an  International  Convention  Respecting  the  Prohibition 

of  Night- Work  for  Women  in  Industrial  Employment  (1905) 174 

3.  International  Convention  Respecting  the  Prohibition  of  Night- 
Work  for  Women  in  Industrial  Employment  (September  26,  1906)   175 

4.  International  Convention  Respecting  the  Prohibition  of  the  use  of 
White  (Yellow)  Phosphorus  in  the  Manufacture  of  Matches 
(September  26,  1906)    178 

5.  Convention  Between  France  and  Italy    (April   15,   1904) 180 

6.  Agreement,  Concluded  on  the  9th  June,  1906,  Between  France  and 
Italy,  Relating  to  Compensation  for  Injuries  Resulting  from  In- 
dustrial  Accidents    184 

7.  Agreement,  Concluded  on  10th  June,  1910,  Between  France  and 
Italy,  Relating  to  the  Protection  of  Young  Persons  of  French 
Nationality  Employed  in  Italy  and  Vice  Versa 189 

8.  Treaty  of  Commerce  Between  Switzerland  and  Italy  (July  13, 
1904)    Extract    194 

9.  Treaty  of  Commerce  Between  the  German  Empire  and  Italy, 
(December  3rd,  1904)  Extract 195 

10.  Treaty  of  Commerce  Between  the  German  Empire  and  Austria- 
Hungary,    (Jan.   19,    1905)    Extract 195 

11.  Treaty  on  Accident  Insurance  Between  the  Grand-Duchy  of  Lux- 
umburg  and  Belgium,  (April  15,  1905)   195 

11a.  Supplementary   Convention    Between   Luxumburg   and   Belgium, 
(May  22,  1906)    197 

12.  Treaty  on  Insurance  Between  Germany  and  Luxumburg,    (Sept. 

2,    1905)     197 

13.  Franco-Belgian    Treaty    Relating    to    Compensation    for    Injuries 
Resulting  from  Industrial  Accidents,   (Feb.  21,  1906) 200 

171 


CONTENTS   (Coniumed) 

Exhibit                                                                                                              Page 
13a.  Note,  Dated  12th  March,  1910,  in  Pursuance  of  the  Convention 
Respecting  Compensation   for  Injuries  Resulting  from  Industrial 
Accidents,  Concluded  at  Paris  on  the  21st  February,  1906  Between 
France  and  Belgium   201 

14.  (German  Empire)  Notification  to  Repeal  Provision  of  the  Acci- 
dent Insurance  Acts  in  Favor  of  the  Grand-Duchy  of  Luxumburg, 
(May   9,    1905)     202 

15.  Convention  Between  France  and  Luxumburg  Relating  to  Com- 
pensation for  Injuries  Resulting  from  Industrial  Accidents,  (June 

27,  1906)    203 

16.  Treaty  Between  the  German  Empire  and  the  Netherlands  Relating 

to  Accident  Insurance,   (August  27,  1907)    205 

16a.  Supplementary  Treaty  Between  the  German  Empire  and  the 
Netherlands,   (May  30,  1914)    , 208 

17.  Convention  Signed  at  Paris  the  3rd  day  of  July,  1909,  Between 
France  and  the  United  Kingdom   , 208 

18.  Agreement  Between  Hungary  and  Italy  Respecting  Accident 
Insurance,   (Sept.  19,   1909)    210 

19.  Treaty  of  Commerce  and  Navigation  Between  the  German  Em- 
pire and  Sweden,   (May  2,  1911)  Extract 215 

20.  Franco-Danish  Treaty  of  Arbitration,    (Aug.  9,  1911) 215 

21.  Convention  Between  the  German  Empire  and  Belgium  in  Regard 

to  Insurance  Against  Industrial  Accidents,  (July  6,  1912)   217 

22.  Convention  Between  the  German  Empire  and  the  Kingdom  of 
Italy  with  Respect  to  Workmen's  Insurance,  (July  31,  1912) 221 

23.  Agreement  Between  the  German  Empire  and  Spain  Concerning 
the  Reciprocal  Communication  of  Accidents  to  Spanish  Sailors  on 
German  Ships  and  of  Gei'man  Sailors  on  Spanish  Ships  (Con- 
cluded by  Exchange  of  Diplomatic  Notes  on  30th  of  Nov.,  1912, 

12  February,   1913)    227 

24.  Treaty  Between  Italy  and  the  United  States,  Amending  the  Treaty 
of  Commerce  and  Navigation  Concluded  26th  February,  1871 
(Feb.  25,   1913)    228 

25.  Agreement  Between  France  and  Switzerland  Relating  to  Pensions 
to  be  Granted  to  Members  of  the  Staff  of  the  Swiss  Federal 
Railroads  Employed  on   French  Territory    (Oct.    13,   1913) 229 


172 


EXHIBITS 


EXHIBIT  I. 

Draft  of  an  International  Conventioii  Respecting  the  Prohibi- 
tion of  the  Use  of  White   (Yellow)  Phosphorus  in 
the  Manufacture  of  Matches  (ipo^) 

Article  i. — Beginning  with  January  i,  191 1,  the  importation, 
manufacture,  or  sale  of  matches  containing  white  (yellow)  phos- 
phorus shall  be  prohibited. 

Art.  2. — The  records  of  ratification  shall  be  deposited  not  later 
than  December  31,  1907. 

Art.  3. — The  Government  of  Japan  shall  be  invited  to  declare 
its  adhesion  to  the  present  Convention  before  December  31,  1907. 

Art.  4. — The  Convention  shall  take  effect  on  condition  of 
the  adhesion  of  all  the  States  represented  at  the  conference  and 
of  Japan. 

(Translation:  G.  B. — Bulletin  des  Internationalen  Arbeitsam- 
ies,  Bd.  IV,  p.  i.) 

EXHIBIT  2. 

Draft  of  an  International  Convention  Respecting  the  Prohibition 

of  Night-Work  for  Women  in  Industrial 

Employment  (igo^). 

Article  i. — The  industrial  night- work  of  all  women  shall  be 
prohibited,  save  for  the  exceptions  hereafter  stated : 

The  Convention  shall  apply  to  all  industrial  enterprises  which 
employ  more  than  ten  men  and  women  workers ;  it  shall  not  apply 
in  any  case  to  undertakings  in  which  only  members  of  the  family 
are  engaged. 

It  shall  be  incumbent  upon  each  of  the  contracting  parties  to 
, define  just  what  is  meant  by  the  term  "industrial  enterprises." 
In  any  case  the  same  shall  include  mines  and  quarries,  as  well 
as  manufacturing  industries;  the  line  of  demarcation  between 
industry  on  the  one  hand  and  agriculture  and  commerce  on  the 
other  shall  be  specified  by  the  legislation  of  each  State. 

Art.  2. — The  night-rest  contemplated  in  the  preceding  article 
shall  be  of  at  least  eleven  consecutive  hours'  duration.     In  these 

174 


LABOR   LAW   INTERNATIONALLY  ADOPTED 

eleven  hours  must  be  included  in  every  State  the  interval  from 
lo  p.  m.  to  5  a.  m. 

However,  in  the  States  in  which  the  industrial  night-work  of 
adult  female  employees  is  not  now  regulated,  the  duration  of 
uninterrupted  rest  may,  by  way  of  transition  and  for  a  period  of 
not  more  than  three  years,  be  limited  to  ten  hours. 

Art.  3. — The  interdiction  of  night-work  may  be  suspended: 

1.  In  cases  where  there  occurs  in  an  enterprise  an  interruption 
of  work,  impossible  to  foresee  and  nonperiodic  in  character  caus- 
ed by  natural  forces; 

2.  In  cases  where  the  occupation  involves  materials  suscepti- 
ble of  very  rapid  deterioration,  when  night-work  shall  be  required 
in  order  to  save  such  materials  from  inevitable  destruction. 

Art,  4. — In  the  industries  subject  to  the  influence  of  the  sea- 
sons, and  in  every  industry  in  case  of  exceptional  circumstances, 
the  period  of  unbroken  night-rest  may  be  reduced  to  ten  hours  on 
sixty  days  in  the  year. 

Art.  5. — The  records  of  the  ratification  of  the  Convention 
must  be  deposited  by  December  31,  1907,  at  the  latest. 

The  Convention  shall  come  into  force  three  years  from  the 
date  of  the  deposition  of  the  ratifications. 

That  interim  shall  be  ten  years: 

1.  For  manufactories  of  raw  beet  sugar; 

2.  For  wool  combing  and  weaving; 

3.  For  open  mining  operations  suspended  at  least  four  months 
in  the  year  because  of  climatic  conditions. 

(Signed  at  Bern  on  i6th  May,  1905.) 
(Translation;    Ibid.,  pp.  1-2.) 

EXHIBIT  3. 

International  Convention  Respecting  the  Prohibition  of  Night- 
Work  for  Women  in  Industrial  Employment 
{Sept.  26,  jpo6). 

Article  i. — Night- work  in  Industrial  employment  shall  be  pro- 
hibited for  all  women  without  distinction  of  age,  with  the  excep- 
tions hereinafter  provided  for. 

The  present  Convention  shall  apply  to  all  industrial  under- 

175 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

takings  in  which  more  than  ten  men  or  women  are  employed: 
it  shall  not  in  any  case  apply  to  undertakings  in  which  only  the 
members  of  the  family  are  employed. 

It  is  incumbent  upon  each  contracting  state  to  define  the  term 
"industrial  undertakings."  The  definition  shall  in  every  case 
include  mines  and  quarries  and  also  industries  in  which  articles 
are  manufactured  and  materials  transformed:  as  regards  the 
latter,  the  laws  of  each  individual  country  shall  define  the  line 
of  division  which  separates  industry  from  agriculture  and  com- 
merce. 

Art  2. — The  night  rest  provided  for  in  the  preceding  article 
shall  be  a  period  of  at  least  1 1  consecutive  hours ;  within  these 
II  hours  shall  be  comprised  the  interval  between  lo  in  the  even- 
ing and  5  in  the  morning. 

In  those  states,  however,  where  the  night-work  of  adult  women 
employed  in  industrial  occupations  is  not  as  yet  regulated,  the 
period  of  uninterrupted  rest  may  provisionally,  and  for  a  maxi- 
mum period  of  three  years,  be  limited  to  lo  hours. 

Art.  3. — The  prohibition  of  night-work  may  be  suspended — 

(i)  In  the  cases  of  force  majeure,  when  in  any  undertaking 
there  occurs  an  interruption  of  work  which  it  was  impossible  to 
foresee  and  which  is  not  of  a  periodic  character. 

(2)  In  cases  where  the  work  has  to  do  with  raw  materials 
or  materials  in  course  of  treatment  which  are  subject  to  rapid 
deterioration,  when  such  night-work  is  necessary  to  preserve  the 
said  materials  from  certain  loss. 

Art.  4. — In  those  industries  which  are  influenced  by  the  sea- 
sons, and  in  all  undertakings  in  the  case  of  exceptional  circum- 
stances, the  period  of  the  uninterrupted  night  rest  may  be  reduced 
to  10  hours  on  sixty  days  of  the  year. 

Art.  5. — It  is  incumbent  upon  each  of  the  contracting  states 
to  take  the  administrative  measures  necessary  to  ensure  the  strict 
execution  of  the  terms  of  the  present  Convention  within  their  re- 
spective territories. 

Each  Government  shall  communicate  to  the  others  through  the 
diplomatic  channel  the  laws  and  regulations  which  exist  or  shall 
hereafter  come  into  force  In  their  country  with  regard  to  the 
subject  matter  of  the  present  Convention,  as  well  as  the  periodical 

176 


LABOR   LAW  INTERNATIONALLY  ADOPTED 

reports  on  the  manner  in  which  the  said  laws  and  regulations  are 
applied. 

Art.  6. — The  present  Convention  shall  only  apply  to  a  colony, 
possession  or  protectorate  when  a  notice  to  this  effect  shall  have 
been  given  on  its  behalf  by  the  Government  of  the  Mother 
Country  to  the  Swiss  Federal  Council. 

Such  Government  when  notifying  the  adhesion  of  a  colony, 
possession  or  protectorate  shall  have  the  power  to  declare  that 
the  Convention  shall  not  apply  to  such  categories  of  native  labour 
as  it  would  be  impossible  to  supervise. 

Art.  7. — In  extra-European  states,  as  well  as  in  colonies,  pos- 
sessions or  protectorates,  when  the  climate,  or  the  condition  of  the 
native  population  shall  require  it,  the  period  of  the  uninterrupted 
night  rest  may  be  shorter  than  the  minima  laid  down  in  the  pres- 
ent Convention  provided  that  compensatory  rests  are  accorded 
during  the  day. 

Art.  8. — The  present  Convention  shall  be  ratified  and  the  rati- 
fications deposited  with  the  Swiss  Federal  Council  by  December 
31,  1908,  at  the  latest. 

A  record  of  this  deposit  shall  be  drawn  up  of  which  one  certi- 
fied copy  shall  be  transmitted  to  each  of  the  contracting  states 
through  the  diplomatic  channel. 

The  present  Convention  shall  come  into  force  two  years  after 
the  date  on  which  the  record  of  deposit  is  closed. 

The  time  limit  for  the  coming  into  operation  of  the  present 
Convention  is  extended  from  two  to  ten  years  in  the  case  of — 

1.  Manufactories  of  raw  sugar  from  beet. 

2.  Wool  combing  and  weaving. 

3.  Open  mining  operations,  when  climatic  conditions  stop 
operations  for  at  least  four  months  every  year. 

Art.  9. — The  states  non-signatories  to  the  present  Convention 
shall  be  allowed  to  declare  their  adhesion  to  it  by  an  act  addressed 
to  the  Swiss  Federal  Council,  who  will  bring  it  to  the  notice  of 
each  of  the  other  contracting  states. 

Art.  10. — The  time  limits  laid  down  In  Article  8  for  the  coming 
into  force  of  the  present  Convention  shall  be  calculated  in  the 
case  of  non-signatory  states  as  well  as  of  colonies,  posse5;sIons 
or  protectorates,  from  the  date  of  their  adhesion. 

177 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

Art.  II. — It  shall  not  be  possible  for  the  signatory  states,  or 
the  states,  colonies,  possessions  or  protectorates  who  may  sub- 
sequently adhere,  to  denounce  the  present  Convention  before  the 
expiration  of  twelve  years  from  the  date  on  which  the  record 
of  the  deposit  of  ratification  is  closed. 

Thenceforward  the  Convention  may  be  denounced  from  year 
to  year. 

The  denunciation  will  only  take  effect  after  the  lapse  of  one 
year  from  the  time  when  written  notice  has  been  given  to  the 
Swiss  Federal  Council  by  the  Government  concerned,  or,  in  the 
case  of  a  colony,  possession  or  protectorate,  by  the  Government 
of  the  mother  country.  The  Federal  Council  shall  communicate 
the  denunciation  immediately  to  the  Governments  of  each  of  the 
other  contracting  states. 

The  denunciation  shall  only  be  operative  as  regards  the  state, 
colony,  possession  or  protectorate,  on  whose  behalf  it  has  been 
notified. 

In  witness  whereof  the  plenipotentiaries  have  signed  the  pres- 
ent Convention. 

Done  at  Berne  this  twenty-sixth  day  of  September,  nineteen 
hundred  and  six,  in  a  single  copy,  which  shall  be  kept  in  the 
archives  of  the  Swiss  Confederation,  and  one  copy  of  which, 
duly  certified,  shall  be  delivered  to  each  of  the  contracting  states 
through  the  diplomatic  channel. 

{E.  B. — English  Bulletin  of  the  International  Labor  Office, 
Vol.1,  (4-8),  pp.  273-275). 

EXHIBIT  4. 

International  Convention  Respecting  the  Prohibition  of  the  Use 

of  White  {Yellow)  Phosphorus  in  the  Manufacture 

of  Matches  {Sept.  26,  ipo6). 

(i)  The  High  Contracting  Parties  bind  themselves  to  pro- 
hibit in  their  respective  territories  the  manufacture,  importation, 
and  sale  of  matches  which  contain  white  (yellow)  phosphorus. 

(2)  It  is  incumbent  upon  each  of  the  contracting  states  to 
take  the  administrative  measures  necessary  to  ensure  the  strict 

178 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

execution  of  the  terms  of  the  present  Convention  within  their 
respective  territories. 

Each  Government  shall  communicate  to  the  other  through  the 
diplomatic  channel  the  laws  and  regulations  which  exist  or  shall 
hereafter  come  into  force  in  their  country  with  regard  to  the  sub- 
ject matter  of  the  present  Convention,  as  well  as  the  reports  on 
the  manner  in  which  the  said  laws  and  regulations  are  applied. 

(3)  The  present  Convention  shall  only  apply  to  a  colony, 
possession  or  protectorate  when  a  notice  to  this  effect  shall  have 
been  given  on  its  behalf  by  the  Government  of  the  mother  coun- 
try to  the  Swiss  Federal  Council. 

(4)  The  present  Convention  shall  be  ratified,  and  the  ratifi- 
cations deposited  with  the  Swiss  Federal  Council  by  December 
31,  1908,  at  the  latest. 

A  record  of  the  deposit  shall  be  drawn  up,  of  which  one  cer- 
tified copy  shall  be  transmitted  to  each  of  the  contracting  states 
through  the  diplomatic  channel. 

The  present  Convention  shall  come  into  force  three  years 
after  the  date  on  which  the  record  of  the  deposit  is  closed. 

(5)  The  states  non-signatories  to  the  present  Convention  shall 
be  allowed  to  declare  their  adhesion  by  an  act  addressed  to  the 
Swiss  Federal  Council,  who  will  bring  it  to  the  notice  of  each  of 
the  other  contracting  states. 

The  time  limit  laid  down  in  Article  4  for  the  coming  into 
force  of  the  present  Convention  is  extended  in  the  case  of  the 
non-signatory  states,  as  well  as  of  their  colonies,  possessions  or 
protectorates,  to  five  years,  counting  from  the  date  of  the  notifi- 
cation of  their  adhesion. 

(6)  It  shall  not  be  possible  for  the  signatory  states,  or  the 
states  colonies,  possessions  or  protectorates  who  may  subse- 
quently adhere,  to  denounce  the  present  Convention  before  the 
expiration  of  five  years  from  the  date  on  which  the  record  of  the 
deposit  of  ratification  is  closed. 

Thenceforward  the  Convention  may  be  denounced  from  year 
to  year. 

The  denunciation  will  only  take  effect  after  the  lapse  of  one 
year  from  the  time  when  written  notice  has  been  given  to  the 

179 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

Swiss  Federal  Council  by  the  Government  concerned,  or,  in  the 
case  of  a  colony,  possession  or  protectorate,  by  the  Government 
of  the  mother  country;  the  Federal  Council  shall  communicate 
the  denunciation  immediately  to  the  Governments  of  each  of  the 
contracting  states. 

The  denunciation  shall  only  be  operative  as  regards  the  state, 
colony,  possession  or  protectorate  on  whose  behalf  it  has  been 
notified. 

In  witness  whereof  the  Plenipotentiaries  have  signed  the  pres- 
ent Convention. 

Done  at  Berne  this  twenty-sixth  day  of  September,  Nineteen 
hundred  and  six,  in  a  single  copy  which  shall  be  kept  in  the 
archives  of  the  Swiss  Federation,  and  one  copy  of  which  duly 
certified  shall  be  delivered  to  each  of  the  contracting  powers 
through  the  diplomatic  channel. 

{Ibid,  pp.  275-276.) 

EXHIBIT  5. 
Convention  Between  France  and  Italy  {April  15,  1904). 

The  President  of  the  French  Republic  and  His  Majesty  the 
King  of  Italy  desiring  by  international  agreement  to  insure  to 
workers  reciprocal  guarantees  analagous  to  those  which  treaties 
of  commerce  have  provided  for  the  products  of  labor  and  particu- 
larly; 

(i)  To  secure  to  their  subjects  working  in  the  foreign  coun- 
try, the  enjoyment  of  their  savings  and  to  procure  for  them  the 
benefit  of  social  insurance,  and 

(2)  To  guarantee  to  workers  the  maintenance  of  protective 
measures  and  to  co-operate  for  the  advancement  of  labor  legis- 
lation, have  resolved  to  conclude  a  convention  to  that  effect  and 
have  named  for  their  plenipotentiaries,  etc 

Article  i. — Negotiations  shall  be  entered  into  at  Paris  after  the 
ratification  of  the  present  Convention  for  the  conclusion  of  ar- 
rangements based  on  the  principles  hereafter  stated  and  designed 
to  regulate  the  detail  of  their  application,  exception  being  made 
for  the  Arrangement  relative  to  the  State  Savings  Bank  of  France 

180 


LABOR   LAJV  INTERNATIONALLY  ADOPTED 

and  the  Postal  Savings  Bank  of  Italy  contemplated  in  paragraph 
(a)  below,  which  shall  be  annexed  to  the  Convention. 

(a)  The  funds  deposited  as  savings,  either  in  the  State  Sav- 
ings Bank  of  France  or  the  Postal  Savings  Bank  of  Italy,  can, 
on  demand  of  the  interested  parties,  be  transferred  without  charge 
from  the  one  to  the  other  bank,  each  of  the  banks  applying  to  the 
deposits  thus  transferred  the  general  rules  which  it  applies  to 
deposits  made  in  it  by  its  own  nationals. 

A  law  of  transfer,  on  a  corresponding  basis  may  be  established 
between  the  different  private  savings  banks  of  France  and  Italy, 
having  their  domicile  in  large  industrial  centers  or  in  frontier 
towns.  Without  requiring  absolute  gratuity  of  transfer,  this  law 
shall  stipulate  for  the  co-operation  of  the  Post  Office  either 
gratuitously  or  at  reduced  rates. 

(b)  The  two  governments  shall  facilitate,  through  the  medium 
both  of  the  Post  Office  and  the  National  Funds,  the  payment  of 
insurance  premiums  of  Italians  resident  in  France  to  the  National 
Provident  Fund  of  Italy,  and  of  Frenchmen  residing  in  Italy  to 
the  National  Pension  Fund  of  France.  They  shall  facilitate, 
likewise,  the  payment  in  France  of  pensions  acquired,  either  by 
Italians,  or  by  Frenchmen,  to  the  National  Fund  of  Italy,  and 
reciprocally. 

(c)  The  admission  of  manual  workers  and  other  employees 
of  Italian  nationality  to  old-age  and  perhaps  invalidity  insurance, 
in  the  general  system  of  labor  pensions  now  under  consideration 
of  the  French  Parliament,  as  well  as  the  participation  of  laborers 
and  employees  of  French  nationality  in  the  system  of  working- 
men's  pensions  in  Italy,  shall  be  regulated  immediately  after  the 
passage  of  legislative  provisions  in  the  contracting  countries. 

The  part  of  the  pension  corresponding  to  the  deposits  of  the 
worker  or  employee  or  to  deductions  from  his  wage  shall  accrue 
to  him  in  full. 

As  to  the  part  of  the  pension  corresponding  to  the  contribu- 
tion of  the  employer  an  arrangement  shall  be  made  upon  the 
principle  of  reciprocity. 

The  part  of  the  pension  which  will  be  eventually  derived  from 
State  subsidies  shall  be  left  to  the  estimate  of  each  State  and 

i8i 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

paid  from  its  funds  to  its  nationals  having  acquired  a  pension  in 
the  other  country. 

The  two  contracting  States  shall  facilitate  through  the  medium 
both  of  the  Post  Office  and  their  insurance  Funds  the  payment  in 
Italy  of  pensions  acquired  in  France,  and  reciprocally. 

The  two  governments  shall  study  a  special  system  for  the 
acquisition  of  pensions  by  workers  and  employees  who  have 
worked  successively  in  the  two  countries  during  minimum  periods 
to  be  determined  without  fulfilling  in  either  of  the  two  the  con- 
ditions required  for  workingmen's  pensions. 

(d)  The  workers  and  employees  of  Italian  nationality  injured 
in  France  by  reason  or  at  the  instance  of  their  labor,  and  also 
their  representatives  resident  in  France,  shall  be  entitled  to  the 
same  indemnities  as  Frenchmen,  and  reciprocally. 

The  Italian  beneficiaries  of  annuities  ceasing  to  reside  in 
France  as  well  as  dependants  of  the  injured  parties  who  were 
not  resident  in  France  at  the  time  of  the  accident,  shall  be  en- 
titled to  pensions  to  be  determined.  The  capital  sums  equivalent 
to  the  actuarial  value  of  the  benefits  in  accordance  with  a  scale 
annexed  to  the  Arrangement,  shall  be  deposited  in  the  National 
Provident  Fund  of  Italy  to  be  applied  by  it  as  a  guarantee  of  the 
payment  of  the  annuity.  The  Italian  National  Accident  Insur- 
ance Fund  shall  likewise  insure  French  employers  according  to 
a  conventional  scale,  against  their  liabilities  to  representatives  not 
being  resident  in  France,  of  injured  Italian  workmen,  if  such  em- 
ployers desire  to  be  relieved  from  the  obligation  of  making  in- 
quiries and  all  other  similar  proceedings.  Equivalent  advantages 
shall  be  reciprocally  guaranteed  to  French  workmen  injured  in 
Italy. 

(e)  The  admission  of  Italian  workmen  and  employees  in 
France  to  insurance  institutions  or  relief  funds  against  unemploy- 
ment subsidized  by  the  State,  and  the  admission  of  French  labor- 
ers and  employees  in  Italy  into  similar  institutions  shall,  in  case 
of  the  passage  of  legal  provisions  relative  to  these  institutions 
in  both  countries,  be  thereafter  regulated. 

(f)  The  arrangements  provided  for  in  the  present  article 
shall  be  concluded  for  a  period  of  five  years.  The  contracting 
parties  must  give  notice  one  year  in  advance,  if  it  is  their  in- 

182 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

tention  to  terminate  the  agreement  upon  the  expiration  of  that 
period.  In  the  absence  of  such  notice,  the  arrangement  shall  be 
extended  from  year  to  year,  for  a  period  of  one  year,  by  tacit 
renewal. 

Art.  2.  (a) — In  order  to  avoid  errors  or  false  declarations 
the  two  governments  shall  define  the  character  of  the  documents 
to  be  presented  to  Italian  Consulates  by  young  Italians  engaged 
to  work  in  France,  as  well  as  the  form  of  the  certificates  to  be 
furnished  by  the  said  Consulates  to  the  Mayoral  offices  before  de- 
livering to  children  the  employment  books  prescribed  by  child- 
labor  legislation.  The  labor  inspectors  shall  require  the  presenta- 
tion of  the  certificates  upon  each  visit  and  shall  confiscate  em- 
ployment books  wrongfully  possessed. 

(b)  The  French  government  shall  organize  Protection  Com- 
mittees including  among  their  members  as  many  Italians  as  pos- 
sible in  industrial  regions  where  a  large  number  of  young  Ital- 
ians not  living  with  their  families  are  employed  through  middle- 
men. 

(c)  The  same  measures  shall  be  adopted  for  the  protection 
of  yotmg  French  workers  in  Italy. 

Art.  3. — In  case  the  initiative  shall  be  taken  by  one  of  the 
two  contracting  States,  or  by  one  of  the  States  with  whom  they 
maintain  diplomatic  relations,  to  convoke  an  international  con- 
ference of  various  governments  with  the  object  of  bringing  about 
uniformity  by  means  of  conventions  in  certain  provisions  of  pro- 
tective labor  laws,  the  adhesion  of  one  of  the  two  Governments 
to  the  proposal  of  the  Conference  shall  entail  upon  the  other 
Government  a  response  favorable  in  principle. 

Art.  4. — At  the  moment  of  signing  this  Agreement  the  Ital- 
ian Government  engages  to  complete  the  organization  throughout 
the  whole  kingdom,  and  more  particularly  in  those  regions  where 
industry  is  developed,  a  factory  inspection  system  operating 
under  the  authority  of  the  State,  and  affording,  for  the  applica- 
tion of  the  laws,  guarantees  analagous  to  those  which  the  factory 
inspection  system  of  France  presents. 

The  inspectors  shall  enforce  the  observance  of  the  laws  in 
force  on  the  work  of  women  and  children,  and  especially  the 
provisions  which  relate  to — 

183 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

1.  The  prohibition  of  night- work; 

2.  The  age  of  admission  to  work  in  industrial  shops ; 

3.  The  length  of  the  workday; 

4.  The  obligation  of  weekly  rest. 

The  Italian  Government  engages  to  publish  an  annual  detailed 
report  on  the  application  of  the  laws  and  regulations  relative  to 
the  work  of  women  and  children.  The  French  Government 
assumes  the  same  obligation. 

The  Italian  Government  furthermore  declares  that  it  intends 
to  apply  itself  to  the  study  and  gradual  realization  of  the  pro- 
gressive reduction  of  the  length  of  the  workday  of  women  in 
industry. 

Art.  5. — Each  of  the  two  contracting  parties  reserves  to  itself 
the  option  of  denouncing  at  any  time  the  present  Convention  and 
the  Arrangements  provided  by  Article  i,  by  giving  notice  one 
year  in  advance,  if  there  is  evidence  that  the  legislation  relative 
to  work  of  women  and  children  has  not  been  respected  by  the 
other  party,  in  the  matters  specified  in  Article  4  paragraph  2, 
in  default  of  adequate  inspection,  or  by  reason  of  sufferances  con- 
trary to  the  spirit  of  the  law,  or  in  case  the  legislature  shall  di- 
minish the  protection  decreed  in  favor  of  labor  in  respect  of  the 
same  points. 

Art.  6. — The  present  Convention  shall  be  ratified  and  the  rati- 
fications shall  be  exchanged  at  Rome  as  soon  as  possible. 

In  witness  whereof,  the  plenipotentiaries  have  signed  the 
present  Convention  and  affixed  their  seals  thereto. 

Drawn  up  In  duplicate  at  Rome,  April  15,  1904. 

(Translation:  Archives  diplomatique s,  1904,  t.  92,  p.  1269- 
1274.) 

N.  B.  Part  II  of  this  Convention  relates  to  the  transfer  of 
funds  deposited  in  the  Savings  Banks  of  the  two  countries. 

EXHIBIT  6. 

Agreement,  Concluded  on  the  pth  June,  ipo6.  Between  France 
and  Italy,  Relating  to  Compensation  for  Injuries  Re- 
sulting From  Industrial  Accidents. 
(i)     Italian  workmen  or  employees  who  meet  with  accidents 
arising  out  of  or  in  the  course  of  their  employment  on  French 

184 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

territory,  or  their  representatives,  shall  have  the  same  rights  to 
compensation  as  French  workmen  or  employees,  or  their  repre- 
sentatives, and  vice  versa. 

(2)  The  same  rule  shall  apply,  subject  to  the  conditions  con- 
tained in  the  following  articles,  to  claimants  who  were  not  re- 
siding within  the  territory  of  the  country  where  the  accident 
happened  at  the  time  when  it  occurred,  or  who  subsequently 
ceased  to  reside  therein. 

(3)  If  an  accident  is  followed  by  an  inquiry,  notice  of  the  con- 
clusion of  the  inquiry  shall  be  given  immediately  to  the  consular 
authority  of  the  district  within  which  the  injured  workman  was 
living  at  the  time  when  the  accident  occurred,  in  order  that  the 
said  authority  may  take  note  of  the  inquiry  in  the  interests  of  the 
claimants. 

(4)  Employers  and  insurers  in  either  country  shall  have  the 
right  to  pay  installments  of  benefit  or  compensation  due  through 
the  agency  of  the  consular  authority,  contemplated  in  the  preced- 
ing article,  of  the  other  country.  The  said  authority  shall  produce 
the  papers  of  identity  and  life  certificates,  and  also  make  pro- 
vision for  forwarding  instalments  of  benefit  or  compensation  to 
subjects  of  his  country  residing  within  his  district  at  the  time  of 
the  accident. 

(5)  The  Italian  National  Accident  Insurance  Fund  shall  in- 
sure French  employers,  on  the  model  scale  appended  to  this 
agreement,  against  their  liabilities  to  representatives,  not  being 
resident  in  France,  of  injured  Italian  workmen,  if  such  employers 
desire  to  be  relieved  from  the  obligation  of  making  inquiries  and 
other  proceedings. 

The  proper  authorities  of  the  two  countries  shall  revise  this 
provisional  scale  as  soon  as  possible  in  the  light  of  statistical  data 
to  be  collected  hereafter. 

(6)  If  an  employer  or  insurer  has  made  provision  with  the 
French  National  Old  Age  Pensions  Fund  for  pensions  to  Italian 
workmen  or  their  representatives,  payment  of  such  pensions 
shall,  at  their  request,  be  made  to  them  through  the  Italian 
National  Workmen's  Disablement  and  Old  Age  Provident  Fund. 
In  this  case  the  French  National  Fund  shall  settle  with  the  Italian 

i8s 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

Fund  by  forwarding  every  quarter  the  amount  of  the  pension 
claims  which  would  have  been  payable  in  France. 

In  the  case  of  benefits,  the  rate  of  which  is  definitely  .fixed, 
the  French  National  Fund  may  settle  with  the  Italian  National 
Fund  by  depositing  a  capital  sum  equivalent  to  the  actuarial  value 
of  the  benefit  in  accordance  with  the  scale  on  which  the  same 
has  been  acquired;  this  deposit  shall  be  devoted  to  the  purchase 
of  an  annuity  in  accordance  with  the  scale  in  force  for  the  Italian 
National  Fund  at  the  time. 

(7)  If  an  employer  or  insurer  has  deposited  with  the  Italian 
National  Provident  Fund  compensation  due  to  French  workmen, 
the  Fund  shall,  on  application,  forward  to  them  by  money  order 
{mandat  postal)  the  amount  which  would  have  been  payable  in 
Italy. 

In  the  case  of  benefits  the  rate  of  which  is  definitely  fixed, 
the  Fund  may  discharge  its  liabilities  by  depositing  with  the 
French  National  Pension  Fund  a  capital  sum  equivalent  to  the 
actuarial  value  of  the  benefit  in  accordance  with  the  scale  on  which 
the  same  has  been  acquired;  this  deposit  shall  be  devoted  to  the 
purchase  of  an  annuity  in  accordance  with  the  scale  in  force  for 
the  French  National  Fund  at  the  time. 

Compensation  falling  due  for  fatal  accidents  incurred  by 
French  workmen  in  Italy  may  be  deposited  in  the  form  of  a 
lump  sum  with  the  French  Deposit  Fund  (Caisse  des  depots  et 
consignations),  which  shall  hold  the  amount  at  the  disposal  of  the 
interested  parties  on  their  claim  being  proved. 

(8)  The  money  orders  contemplated  in  the  first  paragraph 
of  Article  7,  and  sums  forwarded  by  the  National  Pension  Fund 
to  the  Italian  National  Provident  Fund,  or  reciprocally,  shall  take 
the  form  of  office  orders  (mandats  d' office)  under  the  conditions 
set  forth  in  Article  5  of  the  agreement  relating  to  the  transfer 
of  deposits  between  the  ordinary  savings  banks  of  the  two 
countries. 

(9)  The  two  national  funds  shall  always  reserve  the  right  to 
amend  their  respective  scales  in  the  future. 

(10)  Exemption  from  taxes  and  any  financial  advantages 
granted  by  French  law  to  documents  which  have  to  be  presented 

186 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

in  order  to  obtain  compensation,  shall  apply  equally  in  cases 
where  the  documents  in  question  are  required  for  the  payment  of 
compensation  under  Italian  law,  and  vice  versa. 

(ii)  If  an  Italian  workman,  not  resident  in  France,  fails 
to  receive  the  compensation  to  which  he  is  entitled,  and  if  he 
applies  to  the  Guarantee  Fund  established  by  French  law,  the 
duties  devolving,  in  connection  with  such  applications,  upon  the 
municipal  authorities,  shall  be  fulfilled,  on  his  behalf,  by  the 
Italian  consular  authorities  in  Paris,  under  conditions  to  be  de- 
termined by  the  authorities  concerned  in  the  two  countries. 

(12)  Each  of  the  two  contracting  parties  reserves  the  right,  in 
the  case  of  force  majeure,  or  of  urgent  circumstances,  to  suspend 
the  terms  of  this  agreement,  wholly  or  in  part,  in  so  far  as  it 
concerns  the  respective  functions  of  the  national  funds  of  the 
two  countries.  Notice  of  suspension  shall  be  given,  through 
diplomatic  channels,  to  the  proper  authorities  of  the  other  State. 

The  notice  shall  fix  the  date  after  which  the  regulations  relating 
to  the  said  functions  shall  cease  to  have  effect. 

(13)  The  proper  authorities  of  the  two  countries  shall  agree 
together  upon  the  proofs  to  be  furnished  in  the  cases  contem- 
plated in  Articles  4,  5,  6,  7,  and  the  conditions  under  which  the 
said  articles  shall  apply  to  injured  workmen  or  their  dependants 
not  residing  either  in  France  or  Italy. 

They  shall  at  the  same  time  draw  up  detailed  rules  and  regula- 
tions necessary  for  the  execution  of  this  agreement. 

(14)  This  agreement  shall  come  into  force  on  a  day  to  be 
agreed  upon  by  the  two  States  after  its  promulgation  in  accord- 
ance with  their  respective  laws. 

Except  in  the  case  contemplated  in  the  Convention  of  15th 
April,  1904,  this  agreement  shall  remain  in  force  for  five  years. 
The  two  contracting  parties  shall  be  mutually  bound  to  give  one 
year's  notice  of  their  intention  to  terminate  the  agreement  at 
the  conclusion  of  this  period.  In  the  absence  of  such  notice,  the 
agreement  shall  be  renewed  from  year  to  year,  for  the  term  of 
one  year,  by  tacit  consent. 

(15)  If  one  of  the  two  contracting  parties  shall  have  an- 
nounced its  intention  of  withdrawing  from  the  agreement,  the 

187 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

agreement  shall  continue  to  have  full  force,  as  far  as  concerns 
the  rights  of  injured  persons  or  their  representatives,  against  their 
employers  in  respect  of  all  accidents  occurring  before  the  ex- 
piration of  the  agreement.  Notwithstanding,  it  shall  cease  to 
have  effect  on  its  expiration  as  far  as  concerns  the  duties  devolv- 
ing upon  the  consular  authorities  and  the  obligations  or  functions 
of  the  National  Funds  of  the  two  countries,  except  as  regards  the 
settlement  of  accounts  then  current,  and  the  distribution  of  annui- 
ties, the  capital  value  of  which  they  may  have  received  previously. 

SCHEDULE. 

Annual  Premiums  of 
Insurance  payable  in 
respect  of  each  1,000 
frs.  paid  in  Wages. 

Industrial  Undertakings  in  general 4.98 

Mines 12.36 

Quarries    10.02 

Brick  Works   4.62 

Iron  and  Steel  Works 3.50 

Metal  works  (other  than  iron  and  steel),  Scientific  instru- 
ments, musical  instruments 1.14 

Metal  works  (other  than  iron  and  steel) 0.96 

Scientific  instruments 1.38 

Chemical  industries 4.26 

Gas  and  water 3.30 

Building  operations    6.96 

Special  for  chimney-sweeping 5.82 

State  railways   7.72 

Private  railways   6.54 

Street   railways    (An    economic    and   legal    classification 
peculiar  to  Germany,  corresponding  to  the  ordinary 

division  of  industries  into  great,  medium  and  small)  4.20 

Freight,  warehousing,  cartage 9.84 

Cartage   14.46 

Inland  navigation 18.30 

(E.  B.  II,  (I),  pp.  2-4). 

188 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

EXHIBIT  7. 

Agreement  Concluded  on  10th  June,  ipio.  Between  France  and 

Italy  Relating  to  the  Protection  of  Young  Persons  of 

French  Nationality  Employed  in  Italy  and  Vice  Versa. 

(1)  The  provisions  of  the  Agreement  are  concerned  with 
the  provisions  of  the  French  Act  of  2nd  November,  1892,  on  the 
one  hand,  and  with  the  provisions  of  the  ItaHan  Act  of  loth 
November,  1907  (Codified  Text),  Text  E.  B.,  II,  p.  578,  on  the 
other  hand,  and  their  object  is  to  better  secure  the  protection  of 
young  people  of  ItaHan  nationahty  in  France  and  of  young  peo- 
ple of  French  nationality  in  Italy. 

Except  in  so  far  as  concerns  the  alternative  elementary  school 
certificate  contemplated  in  Sect.  4,  and  regardless  of  the  special 
penalties  hereinafter  provided,  all  the  provisions  of  the  aforesaid 
French  Act  and,  in  particular,  the  provisions  relating  to  age  and 
penalties  shall  apply  to  young  persons  of  Italian  nationality  em- 
ployed in  France.  Reciprocally,  the  provisions  of  the  aforesaid 
Italian  Act  shall  apply  to  young  persons  of  French  nationality 
employed  in  Italy. 

(2)  In  order  to  obtain  an  employment  book  contemplated  in 
the  Acts  of  2nd  November,  1892,  and  loth  November,  1907,  or  in 
any  subsequent  enactments  regulating  the  granting  of  employment 
books  in  either  country,  young  persons  of  Italian  nationality  in 
France  and  young  persons  of  French  nationality  in  Italy  must 
produce  to  the  Communal  Authority  a  certificate  conformable  to 
the  prescribed  model  (Schedule  A)  issued  by  the  Consul  con- 
cerned. Notwithstanding,  such  certificate  shall  not  be  required 
in  the  case  of  young  persons  of  Italian  nationality  whose  birth 
is  registered  in  the  French  civil  registers,  nor  in  the  case  of 
young  persons  of  French  nationality  whose  birth  is  registered  in 
the  Italian  civil  registers. 

Both  in  France  and  Italy  it  shall  be  unlawful  for  a  Mayor 
to  issue  an  employment  book,  unless  the  Consul's  certificate  is 
produced  to  him,  bearing  a  photograph  of  the  owner  of  the  certi- 
ficate stamped  on  the  certificate  itself  by  the  Consul,  or  signed 
by  the  owner  of  the  certificate  in  the  presence  of  the  Consul. 
The  Mayor  shall  attest  the  certificate,  seal  it  with  the  Communal 

189 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

Seal,  and  attach  it  to  the  employment  book  as  an  integral  part  of 
the  same. 

Every  Consul  shall  keep  a  register  of  the  Consular  certificates 
issued  by  him,  showing  the  forenames,  surname,  sex,  age  and 
place  of  birth,  of  each  young  person  concerned,  and  the  date 
when  and  the  grounds  on  which  the  certificate  was  issued.  Every 
Consul  shall,  at  the  end  of  each  year,  send  in  to  the  French 
Ambassador  at  Rome  or  the  Italian  Ambassador  at  Paris,  as 
the  case  may  be,  statistics  of,  and  a  report  on,  the  certificates 
entered  in  the  register.  The  Ambassadors  shall  forward  the 
documents  in  question  to  the  Authorities  concerned  in  their  re- 
spective countries. 

Every  Mayor  shall  keep  a  register  of  the  employment  books 
issued  by  him,  showing  the  forenames,  surname,  sex  and  age,  of 
each  young  person  concerned,  the  date  of  the  Consular  certificate 
and  the  date  when  the  employment  book  was  issued. 

(3)  In  order  to  obtain  a  Consular  certificate,  a  young  person 
must  come  before  the  Consul,  accompanied  by  his  father,  mother 
or  guardian,  and  must  produce  his  employment  book  obtained  in 
his  country  of  origin. 

He  may  also  be  accompanied  by  any  other  relative  of  full 
age  or  by  the  person  who  desires  to  employ  him.  Notwithstand- 
ing, in  either  case  if  he  has  not  yet  completed  the  fifteenth  year 
of  his  age,  he  must  produce  a  document,  duly  legalised,  giving  the 
consent  of  the  person  who  possesses  legal  authority  over  him. 
The  document  in  question  shall  be  deposited  at  the  Consulate. 

In  the  event  of  the  young  person  being  unable  to  produce 
an  employment  book  issued  to  him  in  his  country  of  origin  he 
may  instead  produce  his  birth  certificate  or  a  certificate  of  birth 
conformable  to  the  prescribed  model  (Schedule  B)  and  a  certifi- 
cate of  identity  attested  by  two  of  his  compatriots  known  to  the 
Consul.  Nothing  in  this  paragraph  shall  affect  any  written  con- 
sent contemplated  in  the  foregoing  paragraph. 

(4)  With  regard  to  the  employment  in  France  of  children 
between  twelve  and  thirteen  years  of  age,  the  certificate  prescribed 
in  the  Italian  Act  of  15th  July,  1877  (No.  3961),  may  be  pro- 
duced in  lieu  of  the  elementary  school  certificate  prescribed  in 
the  French  Act  of  28th  March,  1882.     Similarly  in  the  case  of 

190 


LABOR   LAW  INTERNATIONALLY  ADOPTED 

French  children  between  twelve  and  thirteen  years  of  age  em- 
ployed in  Italy,  the  certificate  prescribed  in  the  French  Act 
may  be  produced  in  lieu  of  the  certificate  prescribed  in  the  Ital- 
ian Act.  Such  certificates  shall  not  be  required  in  the  case  of 
young  persons  of  Italian  nationality  in  France  or  young  persons 
of  French  nationality  in  Italy  who  have  completed  the  thirteenth 
year  of  their  age. 

In  order  to  make  use  in  France  of  an  Italian  school  certifi- 
cate a  young  person  must  produce  it  to  the  Italian  Consul,  in  ad- 
dition to  the  documents  specified  above  in  Sect.  3,  and  a  note 
to  that  effect  shall  be  entered  in  the  Consular  certificate  (Model 
A).  Reciprocally,  the  same  formalities  shall  be  complied  with 
in  Italy  when  it  is  desired  to  make  use  of  a  French  certificate, 

(  5  )  The  documents  in  pursuance  of  which  the  Consular  certi- 
ficate is  granted,  and  which  are  returnable  to  the  persons  con- 
cerned, shall  be  stamped  by  the  Consul  with  a  special  stamp  (ink 
stamp),  stating  that  they  have  been  used  to  obtain  a  certificate 
authorising  their  owner  to  commence  work, 

(6)  Consular  certificates  (Model  A),  certificates  of  birth 
(Model  B),  and  the  documents  giving  the  consent  of  the  parents, 
shall  be  exempt  from  all  duties  and  fees,  conformably  to  the 
provisions  of  the  law  of  both  countries  respecting  employment 
books  and  the  documents  required  in  order  to  obtain  the  same. 

The  preparation  of  documents  and  all  official  transactions,  cor- 
respondence or  legalisation  of  documents,  incumbent  upon  the 
Consular  Authorities,  in  pursuance  of  this  Agreement,  shall  be 
undertaken  without  any  charge  to  the  young  persons  of  Italian 
or  French  nationality  concerned. 

(7)  The  employer  shall  preserve  the  employment  book  during 
the  whole  continuance  of  the  employment  of  the  young  person  in 
question,  and  it  shall  be  returnable  on  the  termination  of  his 
employment. 

The  Labour  Inspectors  and  the  representatives  of  the  Judicial 
Police  shall,  when  visiting  industrial  establishments,  examine  all 
employment  books  and  Consular  certificates,  and  shall  confiscate 
any  which  are  found  to  have  been  issued  in  an  irregular  manner, 
or  to  be  in  the  possession  of  any  young  person  other  than  the 
persons  in  respect  of  whom  they  were  issued. 

Notice  of  confiscation  conformable .  to  Model  C  shall  be  sent 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

within  three  days  to  the  Prefect,  who,  within  the  same  term,  shall 
forward  the  notice  to  the  Consul  in  whose  jurisdiction  the  com- 
mune in  which  the  employment  book  was  confiscated  is  situate. 
The  Consul  shall  send  a  copy  of  this  notice,  together  with  a 
letter  conformable  to  Model  D,  to  all  his  Italian  colleagues  in 
France  or  his  French  colleagues  in  Italy,  in  order  that  they 
may  be  kept  informed,  in  case  of  need,  of  the  confiscation  of 
employment  books  and  certificates.  Every  Consul  or  Consular 
agent  shall  keep  a  register  of  confiscated  employment  books  and 
certificates. 

Persons  found  to  have  falsified,  altered,  transferred  or  un- 
lawfully made  use  of  an  employment  book  shall  be  dealt  with 
by  the  the  Judicial  Authorities. 

(8)  Employment  in  unhealthy  and  dangerous  trades  shall  be 
regulated  by  the  law  in  force  in  the  country  where  the  work 
is  performed.  In  the  case  of  glass  and  crystal  works,  dangerous 
and  unhealthy  operations  which,  at  the  date  of  the  signing  of 
this  Agreement,  may  not  lawfully  be  performed  by  young  per- 
sons in  Italy,  shall  not  be  lawfully  performed  by  young  persons 
in  France,  and  reciprocally. 

In  view  of  the  fact  that  the  age  of  protected  persons  is  not 
identical  under  the  French  Act  of  2nd  November,  1892,  and  the 
Italian  Act  of  loth  November,  1907,  the  Decrees  issued  in  both 
countries  in  pursuance  of  their  respective  Acts  shall  specify  the 
age  of  persons  whom  it  shall  not  be  lawful  to  employ  in  the 
operations  in  question. 

The  two  Governments  shall  use  their  best  endeavours  to  in- 
troduce uniformity  in  the  age  of  protected  persons  by  means 
of  internal  regulation.  With  this  object  they  shall,  if  necessary, 
promote  an  international  Agreement  within  the  meaning  of  Sect. 
3  of  the  Convention  of  15th  April,  1904. 

(9)  The  two  Governments  shall  organise  in  the  large  indus- 
trial centres  Protection  Committees,  whose  services  shall  be 
gratuitous,  and  which  shall,  as  far  as  possible,  be  composed  of 
compatriots  of  the  young  persons  in  question.  The  Sub-Prefect, 
or  a  Prefectorial  Councillor,  the  Mayor  of  the  commune  where 
the  Committee  acts,  and  the  Labour  Inspector  of  the  commune 

192 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

on  the  one  hand,  and  the  Consul  on  the  other,  shall  be  ex-officio 
members  of  the  Committee. 

Within  six  months  after  the  ratification  of  this  Agreement  at 
least  one  Committee  shall  be  constituted  in  every  French  district 
(Arrondissement)  where  more  than  fifty  young  persons  of  Italian 
nationality  are  employed. 

These  Committees  shall  supervise: 

(i)  The  strict  enforcement  of  the  Lavi^s  and  Orders  relating 
to  the  employment  of  young  persons  of  Italian  or  French  nation- 
ality. For  this  purpose  they  shall  inform  the  Labour  Inspectors 
of  all  contraventions  of  which  they  become  aware,  and,  in 
particular,  of  cases  where  young  persons  are  employed  in  wark 
beyond  their  strength ; 

(2)  The  strict  observance:  in  France,  of  the  requirements  re- 
specting the  granting  of  certificates  of  fitness  contemplated  in 
Sect.  2,  paragraphs  3,  4,  and  5  of  the  Act  of  2nd  November, 
1892 ;  in  Italy,  of  the  requirements  respecting  medical  certificates 
contemplated  in  Sect.  2  of  the  Act  of  loth  November,  1907,  and 
respecting  the  conditions  for  the  recognition  of  fitness  prescribed 
by  Order  In  pursuance  of  the  said  Act; 

(3)  The  application  to  children  of  Italian  nationality  and 
their  relations  of  the  provisions  of  the  French  Act  of  28th  March, 
1882,  respecting  compulsory  elementary  education,  and  the  ap- 
plication to  children  of  French  nationality  and  their  relations  of 
the  provisions  of  the  Italian  Act  of  15th  July,  1877. 

The  Committees,  with  the  assistance  of  the  Authority  con- 
cerned, and  subject  to  the  requirements  of  the  law  of  the  coun- 
try in  question,  shall  also  see  that  young  persons  lodged  elsewhere 
than  with  their  families,  are  properly  and  humanely  treated, 
and  that  all  hygienic  and  moral  requirements  are  observed  in 
their  case.  In  cases  where  the  conditions  of  feeding,  clothing 
or  housing  are  found  to  be  defective,  and  in  case  of  rough 
or  bad  treatment,  the  Committees  shall  put  the  matter  before 
the  local  Authorities,  who  shall  act  according  to  the  circumstances 
of  the  case. 

Finally,  these  committees  may,  when  necessary,  extend  their 
protection  to  all  Italian  workmen  in  France  and  to  all  French 
workmen  in  Italy,  irrespective  of  age. 

193 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

(lo)  The  Authorities  concerned  in  both  countries  shall  issue 
simultaneously  the  Orders  and  Regulations  which  they  may  con- 
sider necessary  for  the  execution  of  this  Agreement. 

(ii)  It  is  understood  that  the  Consular  agents  may  under- 
take all  the  operations  entrusted  to  Consuls  in  pursuance  of  this 
Agreement. 

(12)  This  Agreement  shall  in  both  countries  be  submitted  to 
Parliament  for  approval.  It  shall  be  ratified  and  come  into  oper- 
ation one  month  after  the  exchange  of  ratifications,  which  shall 
take  place  at  Paris.  It  shall  remain  in  force  for  five  years,  and 
if  it  is  not  denounced  six  months  before  the  conclusion  of  this 
period,  it  shall  be  renewed  for  another  period  of  five  years, 
and  so  on  thereafter. 

(Schedules:  Models  A,  B,  C  and  D.) 

(£.  B.  V,  (4)  pp.  329-332.) 


EXHIBIT  8. 

Treaty  of  Commerce  Between  Switzerland  and  Italy 
{July  13,  1904). 

(Extract) 

Article  17. — The  contracting  parties  engage  to  examine  by 
common  and  amicable  consent  the  treatment  of  Italian  laborers 
in  Switzerland  and  of  Swiss  laborers  in  Italy  in  regard  to  Work- 
men's Insurance,  with  the  aim  of  securing  by  suitable  arrange- 
ments to  the  workmen  of  each  nation  respectively,  working  In  the 
territory  of  the  other,  a  treatment  which  shall  accord  to  them  as 
far  as  possible  equivalent  advantages. 

These  arrangements  shall  be  sanctioned  by  a  separate  act  inde- 
pendent of  the  coming  into  force  of  the  present  treaty. 

(Translation:  L.  Chatelain,  La  protection  Internationale  ouv- 
riere,  p.  193.) 

194 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

EXHIBIl  9. 

Treaty  of  Commerce  Between   the   German  Empire   and  Italy 
{December  3,  1904). 

(Extract) 

Art.  4. — The  contracting  parties  engage  to  examine  by  common 
and  amicable  consent  the  treatment  of  Itahan  laborers  in  Ger- 
many and  of  German  laborers  in  Italy  in  regard  to  Workmen's 
Insurance,  with  the  aim  of  securing  by  suitable  arrangements  to 
the  workmen  of  each  nation  respectively,  working  in  the  territory 
of  the  other,  a  treatment  which  shall  accord  to  them  as  far  as 
possible  equivalent  advantages. 

These  arrangements  shall  be  sanctioned  by  a  separate  act 
independent  of  the  coming  into  force  of  the  present  treaty. 

(Translation: /H(/.,. p.  194.) 

EXHIBIT  10. 

Treaty  of  Commerce  Between  the  German  Empire  and  Austria- 
Hungary  {January  19,  1905). 

(Extract) 

Art.  6. — The  contracting  parties  engage  to  examine  by  amic- 
able agreement  the  treatment  of  the  workmen  of  each  party,  work- 
ing in  the  territory  of  the  other,  in  respect  of  the  protection  of 
labor  and  Workmen's  Insurance,  with  the  object  of  insuring  reci- 
procally to  these  workers  by  suitable  arrangements,  a  treatment 
which  shall  accord  to  them  as  far  as  possible  equivalent  ad- 
vantages. 

These  arrangements  shall  be  sanctioned  by  a  separate  act  in- 
dependent of  the  coming  into  force  of  the  present  treaty. 

(Translation:  Ihid.,  p.  198.) 

EXHIBIT  II. 

Treaty  on  Accident  Insurance  Between  Grand-Duchy  of  Luxem- 
burg and  Belgium  {April  15,  1905). 

Article  i. — Luxemburg  workers  meeting  with  industrial  acci- 

195 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

dent  in  Belgium,  and  likewise  their  dependents,  shall  enjoy  the 
same  compensation  and  the  same  guarantee  of  compensation  as 
Belgian  subjects. 

Reciprocally,  Belgian  workers  meeting  with  industrial  accident 
in  the  Grand-Duchy  of  Luxemburg,  and  likewise  their  depend- 
ants, shall  enjoy  the  same  compensation  and  guarantees  as  Lux- 
emburg subjects. 

Art.  2. — An  exception  to  the  foregoing  rule  shall  be  made  in 
case  of  persons  without  distinction  of  nationality,  who  are  work- 
ing temporarily,  that  is  not  over  six  months,  on  the  territory  of 
that  one  of  the  two  contracting  States  in  which  the  accident  oc- 
curred, but  for  an  undertaking  domiciled  within  the  territory  of 
the  other  State.  In  such  case  only  the  legislation  of  the  latter 
State  shall  apply. 

Art.  3. — The  stipulations  of  Art.  48,  No.  2,  and  of  Art.  49, 
paragraph  4,  of  the  Luxemburg  law  of  April  5,  1902  are  sus- 
pended in  favor  of  subjects  of  Belgian  nationality. 

Art.  4. — The  stipulations  of  Art.  i,  2  and  3  of  this  Treaty  shall 
apply  to  those  persons  who  are  considered  equivalent  to  workers 
by  the  laws  on  industrial  accident  insurance  of  the  two  contracting 
States. 

Art.  5. — The  exemptions  allowed  as  regards  stamp  and  court 
fees,  and  the  gratuitous  delivery  stipulated  for  by  the  legislation 
of  Luxemburg  relating  to  industrial  accidents,  are  herewith  ex- 
tended to  proofs,  certificates  and  documents  contemplated  by  this 
legislation  which  have  to  be  drawn  up  or  delivered  in  execution 
of  the  Belgian  law. 

Reciprocally,  the  exemptions  allowed  by  the  Belgian  legisla- 
tion are  hereby  extended  to  proofs,  certificates  and  documents 
contemplated  by  this  legislation  which  have  to  be  drawn  up  and 
delivered  in  execution  of  the  Luxemburg  law. 

Art.  6. — The  authorities  of  Luxemburg  and  Belgium  shall  lend 
each  other  mutual  assistance  with  a  view  to  facilitating  recipro- 
cally the  execution  of  the  law  relating  to  industrial  accidents. 

Art.  7. — This  Treaty  shall  be  ratified  and  the  ratifications  ex- 
changed at  Brussels  as  soon  as  possible. 

It  shall  come  into  force  ten  days  after  it  has  been  published 
in  the  two  countries  in  accordance  with  the  forms  prescribed 

196 


LABOR   LAW   INTERNATIONALLY  ADOPTED 

by  their  respective  laws;  and  it  shall  remain  in  force  until  the 
expiration  of  one  year  from  the  day  of  its  denunciation  by  one 
of  the  two  contracting  parties. 

In  witness  whereof  the  plenipotentiaries  of  both  parties  have 
signed  the  present  Treaty  and  affixed  their  seals  thereto. 

Drawn  up  in  duplicate  at  Brussels,  April  15,  1905. 

(Translation:  Bulletin  des  Internationalen  Arbeitsamtes.  Bd. 

IV,  s.  305-306.) 

EXHIBIT  IIA. 

Supplementary   Convention   Between  Luxemburg  and  Belgium 

(May  22,  jpo6). 

(i)  The  provisions  following  shall  be  added  as  a  second 
paragraph  to  No.  2  of  the  Convention  of  April  15,  1905: 

"The  above  shall  hold  good  for  persons  engaged  in  transport 
undertakings  and  occupied  intermittently,  but  habitually,  in  coun- 
tries other  than  that  in  which  the  principal  establishment  of  the 
undertaking  is  domiciled." 

(2)  This  additional  Convention  shall  have  the  same  force 
and  hold  good  for  the  same  period  as  the  Convention  of  April 

15,  1905- 

It  shall  be  duly  ratified,  and  these  ratifications  shall  be  ex- 
changed at  Brussels  as  soon  as  possible.  It  shall  come  into  force 
ten  days  after  its  publication  in  the  forms  prescribed  by  the  laws 
of  the  two  countries. 

In  witness  thereof  the  Plenipotentiaries  have  signed  this  ad- 
ditional Convention,  and  have  affixed  their  seals  thereto. 

Made  and  duplicated  at  Brussels,  May  22,  1906. 

{E.  B.  I.,   (9-12),  pp.  373-374-) 

EXHIBIT  12. 

Treaty  on  Industrial  Accident  Insurance  Betzveen  Germany  and 
Luxemburg  {September  2,  ipo^). 

Article  i. — Undertakings  to  which  the  compulsory  accident 
insurance  laws  of  the  two  States  apply,  with  the  exception  of 
agricultural  and  forest  works,  and  which  are  domiciled  within 
the  territory  of  one  State  and  carry  on  operations  temporarily 

197 


THE    INTERNATIONAL    PROTECTION     OF    LABOR 

within  the  territory  of  the  other,  shall,  in  the  absence  of  other 
agreements  between  the  competent  insurance  carriers  of  the  two 
countries  approved  by  the  German  Chancellor  and  the  Grand- 
Ducal  Government  of  Luxemburg,  be  subject,  in  respect  of  per- 
sons employed  in  their  temporary  branches  in  the  territory  of  the 
other  State  to  the  accident  insurance  legislation  of  the  State  where 
the  undertaking's  main  office  is  situated.  In  the  meaning  of  this 
agreement  a  temporary  branch  within  the  territory  of  the  other 
State  is  one  whose  presumable  duration  will  not  exceed  six 
months.  For  each  separate  branch  within  the  territory  of  the 
other  State  the  period  of  time  shall  be  reckoned  separately. 

Persons  thus  temporarily  employed  include  the  traveling  staff 
of  transport  lines  who  cross  the  borders  on  through  trains  and 
also  persons  who  without  change  of  their  business  domicile  are 
deputied  in  urgent  circumstance  to  serve  as  substitutes  on  rail- 
roads within  the  territory  of  the  other  State,  for  not  over  six 
months. 

Art.  2. — In  case  of  doubt  as  to  whether  according  to  the  pro- 
visions of  Article  i,  the  accident  insurance  laws  of  the  one  or 
the  other  State  are  applicable,  and  if  the  insurance  carriers  of  the 
two  countries  cannot  come  to  an  agreement  between  themselves 
and  with  the  managers  of  the  undertaking,  and  in  case  of  compen- 
sation proceedings  with  the  party  entitled  to  indemnity,  the 
authorities  of  the  State  in  which  the  undertaking  in  question 
carries  on  operations  shall  have  exclusive  and  final  authority  to 
decide— that  is  to  say  in  Germany,  the  Imperial  Insurance  Office, 
and  in  Luxemburg,  the  Government. 

The  decision  rendered  conformably  to  paragraph  i  is  binding 
upon  the  insurers  in  the  other  State  and  serves  as  the  rule,  with- 
out retroactive  effect,  to  be  followed,  particularly  in  matters  per- 
taining to  contributions  and  indemnities,  and  for  the  question  as 
to  whether  the  officials  in  the  one  or  the  other  State  are  responsi- 
ble for  the  final  treatment  of  the  case.  Before  the  decision  by  one 
of  the  two  parties  designated  in  paragraph  i,  a  hearing  is  to  be 
given  to  the  insurance  carriers  concerned  and  to  the  employer,  and 
in  case  compensation  proceedings  are  involved,  also  to  the  clai- 
mant ;  the  decision  rendered  is  to  be  communicated  to  the  parties 
concerned. 

198 


LABOR   LAW  LNTERNATIONALLY  ADOPTED 

Art.  3. — If  an  accident  occurs  furnishing  without  doubt  oc- 
casion for  indemnity,  and  yet  there  is  doubt  as  to  whether  the 
payment  is  to  be  made  by  the  insurance  carriers  of  the  one  or 
the  other  State,  the  underwriter  first  involved  in  the  case  con- 
formably to  the  legal  proceedings  valid  for  him  shall,  in  the  mean- 
while, take  care  of  the  entitled  parties. 

The  final  incidence  of  indemnity  shall  fall  upon  that  under- 
writer who  shall  thereafter  be  designated  as  the  party  obligated 
to  pay  compensation. 

Art,  4. — If  in  accordance  with  the  principles  of  this  agreement, 
single  undertakings  or  branches  of  undertakings  pass  from  the 
accident  insurance  jurisdiction  of  one  country  to  that  of  the 
other,  the  change  shall  be  effected  at  the  end  of  the  current  year 
only.  By  agreement  of  the  insurer  of  the  two  countries,  the 
transfer  with  legal  effect  for  all  parties  concerned  can  be 
reckoned  from  the  time  of  the  coming  into  force  of  the  present 
agreement. 

Obligations  resulting  from  accidents  before  the  time  of  trans- 
fer, must  be  met  by  that  insurer  by  whom  the  undertaking  re- 
sponsible for  the  accident  was  insured  before  the  time  of  the 
transfer. 

Art.  5. — In  the  execution  of  the  accident  insurance  laws, 
especially  in  the  ascertaining  of  such  industrial  accidents  as 
come  under  the  accident  insurance  laws  of  the  home  State  but 
occur  in  the  territory  of  the  other  State,  the  competent  officials 
and  authorities  shall  lend  mutual  legal  aid  irrespective  of  their 
duty  to  investigate  these  accidents  officially  as  soon  as  possible. 

Art.  6. — The  foregoing  terms  shall  apply  by  analogy  to  official 
employees  of  the  German  Empire,  of  a  German  Federated  State, 
or  of  a  German  province  or  district,  who  are  employed  in  under- 
takings in  which  insurance  is  compulsory  which  are  designated 
by  Article  i  but  who  in  place  of  being  insured  under  the  Ger- 
man system  of  accident  insurance  are  entitled  to  accident  benefit 
within  the  meaning  of  Sect.  7  of  the  German  industrial  accident 
insurance  law. 

In  that  case  the  authorities  competent  to  make  decisions  con- 
formable to  Article  2,  differ  from  those  designated  by  that  Article 
in  that  for  imperial  employees  the  Imperial  Insurance  Office  is  re- 

199 


THE    INTERNATIONAL    PROTECTION     OF     LABOR 

placed  by  the  Chancellor;  and  for  the  employees  of  the  States, 
provinces  and  districts,  by  the  central  authorities  of  the  particular 
States. 

In  cases  when  the  German  laws  on  accident  relief  apply,  the 
provisions  of  these  laws  on  the  compensation  of  other  accident 
claims  under  the  German  law,  shall  also  apply  to  compensation 
claims  made  in  pursuance  of  the  laws  of  Luxemburg  in  respect 
of  an  accident  occurring  in  Luxemburg. 

Art.  7. — This  Treaty  shall  come  into  force  one  month  after  its 
conclusion  and  it  can  be  denounced  by  either  party  on  January  i 
of  each  year,  with  the  same  to  take  effect  the  first  day  of 
January  of  the  year  next  following. 

In  witness  whereof  the  plenipotentiaries  of  both  parties  have 
signed  the  present  Treaty  and  affixed  their  seals  thereto. 

Drawn  up  in  duplicate  in  Luxemburg,  Sept.  2,  1905. 

(Translation:  Bulletin  des  Internationalen  Arbeitsamtes,  Bd. 
IV,  S.  306-308.) 

EXHIBIT  13. 

Franco-Belgian  Treaty  Relating  to  Compensation  for  Injuries 
Resulting  From  Industrial  Accidents   {Feb.  21,  ipo6). 

(i)  Belgian  subjects  meeting  with  industrial  accidents  in 
France,  and  likewise  their  dependants,  shall  enjoy  the  compen- 
sation and  guarantees  granted  to  French  citizens  by  the  legisla- 
tion in  force  relating  to  compensation  for  industrial  accidents. 

Reciprocally,  French  subjects  meeting  with  industrial  accidents 
in  Belgium,  and  likewise  their  dependants,  shall  enjoy  the  compen- 
sation and  guarantees  granted  to  Belgian  citizens  by  the  legisla- 
tion in  force  relating  to  compensation  for  industrial  accidents. 

(2)  Notwithstanding  an  exception  to  the  rule  shall  be  made 
if  the  persons  in  question  were  sent  out  of  their  own  country 
temporarily,  and  occupied  for  less  than  the  last  six  months  on  the 
territory  of  that  one  of  the  two  contracting  States  where  the 
accident  occurred,  but  were  taking  part  in  an  undertaking  estab- 
lished within  the  territory  of  the  other.  In  such  case  the  persons 
interested  shall  have  a  right  only  to  the  compensation  and  guaran- 
tees provided  by  the  legislation  of  the  latter  State. 

200 


LABOR   LAW   INTERNATIONALLY   ADOPTED 

The  same  rule  shall  apply  to  persons  attached  to  transport 
undertakings,  and  employed  intermittently,  whether  regularly  or 
not,  in  the  country  other  than  that  where  the  undertaking  is 
domiciled. 

(3)  The  exemptions  allowed  as  regards  stamps,  records  and 
registration,  and  the  free  delivery  stipulated  for  by  the  Belgian 
legislation  relating  to  industrial  accidents,  are  hereby  extended 
to  proofs,  certificates  and  documents  contemplated  by  the  legisla- 
tion in  question  which  have  to  be  drawn  up  or  delivered  in  pur- 
suance of  the  French  law. 

Reciprocally,  the  exemptions  allowed  and  free  delivery  stipu- 
lated for  by  the  French  legislation  are  hereby  extended  to  proofs, 
certificates  and  documents  contemplated  by  the  legislation  in 
question  which  have  to  be  drawn  up  or  delivered  in  pursuance  of 
the  Belgian  law. 

(4)  The  French  and  Belgian  authorities  shall  lend  each  other 
mutual  assistance  with  a  view  to  facilitating  reciprocally  the 
execution  of  the  laws  relating  to  industrial  accidents. 

(5)  The  present  Treaty  shall  be  ratified  and  the  ratifications 
exchanged  at  Paris  as  soon  as  possible. 

The  Treaty  shall  come  into  force  in  France  and  Belgium  one 
month  after  it  has  been  published  in  the  two  countries  in  accord- 
ance with  the  forms  prescribed  by  their  respective  laws. 

It  shall  remain  In  force  until  the  expiration  of  one  year  from 
the  day  after  it  shall  have  been  denounced  by  cne  or  other  of 
the  contracting  parties.  In  testimony  whereof  the  respective 
plenipotentiaries  have  signed  the  present  Treaty  and  affixed  their 
seals  thereto. 

{E.  B.  I.,  (4-6),  pp.  153-154.) 

EXHIBIT  13A. 

Note,  Dated  12th  March,  ipio,  in  Pursuance  of  the  Convention 
Respecting  Compensation  for  Injuries  Resulting  From  In- 
dustrial Accidents,  Concluded  at  Paris  on  the  21st 
February,  iQod,  Between  France  and  Belgium. 

In  the  application  of  Article  4  of  the  said  convention,  the  two 
signatory  States  agree  that  in  case  of  an  accident  giving  occasion 

201 


THE  IXTERATIONAL  PROTECTION  OF  LABOR 

for  an  inquiry,  notice  of  the  termination  of  the  said  inquiry  shall 
be  given  immediately  to  the  consular  authority  of  the  district 
where  the  victim  was  residing  at  the  time  of  the  accident,  in 
order  that  the  authority  in  question  may  take  note  of  the  said  in- 
quiry in  the  interests  of  the  interested  parties. 

This  agreement  shall  not  come  into  operation  for  three  months 
after  it  is  signed. 

(E.5.VI,  (i)p,6.) 

EXHIBIT  14. 

{German  Empire)  Notification  to  Repeal  Provisions  of  the  Ac- 
cident Insurance  Acts  in  Favor  of  the  Grand-Duchy 
of    Luxemburg    {May    p,    1905). 

The  Federal  Council,  at  the  sitting  of  the  4th  of  May,  1905, 
resolved  as  follows: 

(i)  The  provisions  of  No.  94  (2)  of  the  Industrial  Accidents 
Insurance  Act,  and  of  No.  37,  paragraph  i,  of  the  Building  Ac- 
cidents Insurance  Act,  relating  to  the  suspension  of  annuities  in 
the  case  of  foreigners  whose  usual  residence  is  not  in  the  interior, 
shall  not  apply  to  subjects  of  the  Grand-Duchy  of  Luxemburg, 
even  in  cases  when  the  annuitants  do  not  usually  reside  within 
those  districts  of  the  Grand-Duchy  of  Luxemburg  recognised  by 
the  resolution  of  the  Federal  Council  adopted  on  the  i3th  Oc- 
tober, 1900,  as  frontier  districts  within  the  meaning  of  the  said 
provisions.  (Cf.  the  Notification  of  the  i6th  October,  1900. 
Zentralhlatt  fur  das  Deutsche  Reich,  p.  540.) 

Notwithstanding,  so  long  as  an  annuitant  resides  neither  with- 
in the  territory  of  the  German  Empire  nor  in  the  Grand-Duchy 
of  Luxemburg,  the  right  to  draw  an  annuity  shall  depend  upon 
his  observing  the  past  or  future  regulations  issued  for  German 
subjects  by  the  Imperial  Insurance  Office,  in  pursuance  of  No. 
94  (3)  of  the  Industrial  Accidents  Insurance  Act.  In  respect  of 
Fuch  annuities,  the  date  of  the  coming  into  force  of  the  regula- 
tions of  the  Imperial  Insurance  Office,  dated  the  5th  July,  1901, 
shall  be  held  to  be  the  day  when  this  resolution  comes  into  force. 

(2)  The  territory  of  the  Grand-Duchy  of  Luxemburg  shall 
be  held  to  be  a  frontier  district,  so  that  the  provisions  of  No. 

202 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

21  of  the  Industrial  Accidents  Insurance  Act,  No.  22  of  the  Ac- 
cident Insurance  Act  for  Agriculture  and  Forestry,  No.  9  of  the 
Building  Accidents  Insurance  Act,  and  No.  27  of  the  Marine  Ac- 
cidents Insurance  Act,  relating  to  the  exclusion  of  claims  for  de- 
pendants' annuities  in  the  case  of  dependants  of  foreigners  not 
having  their  usual  residence  in  the  interior  at  the  time  of  the 
accident,  shall  not  apply  to  such  dependants,  if  their  usual  resi- 
dence is  within  the  territory  of  the  Grand-Duchy, 

(3)  The  provisions  of  No.  21  of  the  Industrial  Accidents 
Insurance  Act  and  No.  9  of  the  Building  Accidents  Insurance 
Act,  relating  to  the  exclusion  of  claims  for  dependants'  annuities, 
shall  not  apply  to  subjects  of  the  Grand-Duchy  of  Luxemburg, 
even  though  their  usual  residence  at  the  time  of  the  accident  was 
not  within  the  territory  of  the  Grand-Duchy  of  Luxemburg.  (See 
No.  2  above.) 

(4)  The  preceding  provisions  shall  apply  retrospectively 
from  the  15th  April,  1903,  as  far  as  concerns  claims  not  legally 
settled  at  the  time  when  the  resolution  comes  into  force. 

(5)  This  resolution  shall  come  into  force  on  the  15th  May, 
1905. 

(£.  B.  II,  (i)  pp.  1-2.  See  also  E.  B.  I,  (1-3)  pp.  V.  I.) 


EXHIBIT  15. 

Convention  Between  France  and  Luxemburg  Relating  to  Com- 
pensation for  Injuries  Resulting  From  Industrial 
Accidents  {June  Bj,  ipo6). 

(i)  Subjects  of  the  Grand-Duchy  of  Luxemburg  meeting 
with  industrial  accidents  in  France  and  likewise  their  depend- 
ants, shall  enjoy  the  compensations  and  guarantees  granted  to 
French  subjects  by  the  legislation  in  force  relating  to  compen- 
sation for  industrial  accidents. 

Reciprocally,  French  subjects  meeting  with  industrial  acci- 
dents in  Luxemburg,  and  likewise  their  dependants,  shall  enjoy 
the  compensation  and  guarantees  granted  to  subjects  of  the 
Grand  Duchy  of  Luxemburg  by  the  legislation  in  force  relating 
to  compensation  for  industrial  accidents. 

203 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

(2)  Notwithstanding,  an  exception  to  this  rule  shall  be  made 
if  the  persons  in  question  were  sent  out  of  their  own  country 
temporarily,  and  occupied  for  less  than  the  six  months  last  past 
on  the  territory  of  that  one  of  the  two  contracting  States  where 
the  accident  occurred,  but  were  taking  part  in  an  undertaking 
established  within  the  territory  of  the  other.  In  such  case  the 
persons  interested  shall  have  a  right  only  to  the  compensation  and 
guarantees  provided  by  the  legislation  of  the  latter  State. 

The  same  rule  shall  apply  to  persons  attached  to  transport 
undertakings,  and  employed  intermittently,  whether  regularly 
or  not,  in  the  country  other  than  that  where  the  undertaking  is 
domiciled. 

(3)  The  exemptions  allowed  as  regards  stamps,  records  and 
registration,  and  the  free  delivery  stipulated  for  by  the  legisla- 
tion of  the  Grand-Duchy  relating  to  industrial  accidents,  are  here- 
by extended  to  proofs,  certificates  and  documents  contemplated 
by  the  legislation  in  question  which  have  to  be  drawn  up  and 
delivered  in  pursuance  of  the  French  law. 

Reciprocally,  the  exemptions  allowed  and  free  delivery  stipu- 
lated for  by  the  French  legislation  are  hereby  extended  to  proofs, 
certificates  and  documents  contemplated  by  the  legislation  in 
question  which  have  to  be  drawn  up  and  delivered  in  pursuance 
of  the  law  of  the  Grand-Duchy  of  Luxemburg. 

(4)  The  French  authorities  and  the  authorities  of  the  Grand- 
Duchy  of  Luxemburg  shall  lend  each  other  mutual  assistance 
with  a  view  to  facilitating  reciprocally  the  execution  of  the  law 
relating  to  industrial  accidents. 

(5)  The  present  Treaty  shall  be  ratified  and  the  ratifications 
exchanged  at  Paris  as  soon  as  possible. 

The  Treaty  shall  come  into  force  in  France  and  in  the 
Grand  Duchy  of  Luxemburg  one  month  after  it  has  been  pub- 
lished in  the  two  countries  in  accordance  with  the  forms  pre- 
scribed by  their  respective  laws. 

It  shall  remain  in  force  until  the  expiration  of  one  year  from 
the  day  after  it  shall  have  been  denounced  by  one  or  other  of 
the  contracting  parties.  In  testimony  whereof  the  respective 
plenipotentiaries  have  signed  the  present  Treaty  and  affixed  their 
seals  thereto.    Drawn  up  in  duplicate  at  Paris,  27th  June,  1906. 

{E.  B.  II,  (i)  pp.4-5). 

204 


LABOR  LAW  L\TERNATIONALLY  ADOPTED 

EXHIBIT  i6. 

Treaty  Between  the  German  Empire  and  the  Netherlands  Relat- 
ing to  Accident  Insurance  {Aug.  <?/  iQoy). 

(i)  Undertakings  to  which  the  accident  insurance  laws  of 
the  two  Contracting  States  apply  and  which  are  domiciled  within 
the  territory  of  one  State  and  carry  on  business  also  within  the 
territory  of  the  other,  shall,  subject  to  the  exceptions  contem- 
plated in  Articles  2  and  3,  be  subject,  in  respect  of  business 
carried  on  within  the  territory  of  either  State,  exclusively  to 
the  accident  insurance  laws  of  that  State. 

Where,  in  accordance  with  the  preceding  paragraph,  an  under- 
taking carrying  on  business  outside  the  territory  of  one  State 
is  subject  to  the  insurance  laws  of  the  other,  such  undertaking 
shall  be  held  to  be  an  undertaking  within  the  meaning  of  the 
said  laws.  Further  regulations  for  the  enforcement  of  the  Treaty 
shall  be  drawn  up  independently  by  each  State  according  to  the 
needs  of  their  respective  systems  of  accident  insurance. 

In  Germany  the  said  regulations  shall  be  drawn  up  by  the 
Imperial  Chancellor  or  an  authority  designated  by  him,  and  in  the 
Netherlands  by  the  department  having  authority  for  the  time 
being.  The  regulations  so  drawn  up  shall  be  communicated  to 
the  two  Governments. 

(2)  In  the  case  of  transport  undertakings  carrying  on  oper- 
ations across  the  frontier,  the  accident  insurance  laws  of  the 
country  where  the  undertaking  is  domiciled  shall  alone  apply 
in  respect  of  the  travelling  staff,  regardless  of  the  extent  of  the 
the  operations  carried  on  in  the  two  respective  countries.  The 
travelling  staff  shall  remain  subject  to  the  said  insurance  laws 
also  in  respect  of  other  classes  of  employment  carried  on  on 
behalf  of  such  transport  undertakings  outside  their  countiy  of 
domicile. 

(3)  Persons  employed  in  a  department  of  any  kind  of  under- 
taking where  insurance  is  compulsory  under  the  laws  of  their 
own  country,  shall,  on  being  transferred  to  work  In  the  other 
country,  remain  in  respect  of  all  branches  of  their  employment  in 
the  said  country,  for  the  first  six  months  of  such  employment, 

205 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

subject  exclusively  to  the  accident  insurance  laws  of  the  country 
where  the  firm  is  domiciled,  provided  that  the  rules  contained  in 
Article  2  shall  not  be  affected  hereby.  If  the  employment  in 
the  said  country  is  interrupted  for  a  period  not  exceeding  30 
days,  such  period  shall  be  included  in  the  six  months'  limit.  If 
the  period  during  which  the  employment  is  interrupted  exceeds 
30  days,  the  course  of  the  six  months  shall  be  held  to  be  broken 
off,  and,  on  the  resumption  of  employment  in  the  said  country,  a 
new  term  of  six  months  shall  be  held  to  begin.  In  applying  the 
preceding  rules,  account  shall  not  be  taken  of  any  period  before 
this  Treaty  comes  into  force. 

(4)  Where  the  accident  insurance  laws  of  one  country  are 
applicable,  the  rules  contained  in  such  laws  for  proving  claims 
thereunder  in  respect  of  accidents  occurring  outside  the  realm, 
shall  apply,  by  analogy,  to  compensation  claims  made  in  pursuance 
of  the  laws  of  the  other  country  in  respect  of  an  accident  oc- 
curring in  such  country. 

(5)  In  administering  the  accident  insurance  laws  the  proper 
authorities  shall  give  each  other  mutual  assistance  in  determining 
the  facts  of  any  case. 

Where,  in  dealing  with  an  accident  insurance  case,  the  author- 
ities of  one  country  deem  it  necessary  to  procure  the  sworn 
depositions  of  witnesses  and  experts  in  the  other  country,  a  re- 
quest to  this  effect  duly  submitted  through  diplomatic  channels 
shall  be  acceded  to.  The  authorities  instructed  by  the  Govern- 
ment of  the  said  country  or  having  jurisdiction  without  such  in- 
structions shall  summon  the  witnesses  or  experts  by  official  action 
and,  if  necessary,  use  such  means  of  compulsion  as  are  prescribed 
in  the  case  of  similar  proceedings  in  their  own  country. 

(6)  Rules  in  force  in  one  country  relating  to  exemptions 
from  stamp  duties  and  fees  in  the  case  of  accident  insurance 
business,  shall  apply  by  analogy  in  respect  of  the  adminis- 
tration in  such  country  of  the  accident  insurance  laws  of  the 
other. 

(7)  Manufacturers  shall  not  be  required  to  pay  higher  con- 
tributions or  premiums  in  respect  of  the  accident  insurance  of  one 
country  for  the  reason  that  their  undertakings  are  domiciled  in 
the  other. 

206 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

(8)  The  provisions  of  Articles  4-7  shall  apply  to  undertakings 
subject  to  the  accident  insurance  laws  of  one  of  the  two  countries, 
even  in  cases  where  the  conditions  set  forth  in  Article  I,  do  not 
obtain. 

(9)  The  terms  of  this  Treaty  shall  apply  by  analogy  to  those 
officials  of  the  German  Empire,  of  a  (German  Federated  State, 
or  of  a  German  group  of  parishes  (Kommunalverband)  who 
are  employed  in  undertakings  in  which  insurance  is  compulsory, 
but  who  are,  notwithstanding,  entitled  to  accident  benefit  within 
the  meaning  of  German  legislation,  instead  of  being  insured  under 
the  German  system  of  accident  insurance. 

(10)  Where,  in  administering  the  accident  insurance  laws  of 
one  country,  it  is  necessary  to  calculate  the  value  of  wages  ex- 
pressed in  terms  of  the  currency  of  the  other  country  ,such  con- 
version shall  be  affected  by  taking  as  a  general  basis  an  average 
rate  of  exchange,  which  shall  be  determined  by  each  of  the  two 
Governments  for  the  purposes  of  the  administration  of  the  law 
in  their  respective  countries  and  which  shall  be  communicated 
by  each  Government  to  the  other. 

(11)  This  Treaty  shall  be  ratified  and  the  ratifications  ex- 
changed as  soon  as  possible.  The  Treaty  shall  come  into  force 
one  month  after  the  first  day  of  the  month  following  the  ex- 
change of  ratifications. 

Notice  of  withdrawal  from  the  Treaty  may  be  given  by  either 
party  at  any  time,  and  the  Treaty  shall  expire  on  the  conclusion 
of  the  calender  year  next  following  such  notice. 

Liabilities  in  respect  of  accidents  occurring  before  this  Treaty 
comes  into  force,  shall  continue  thereafter  to  be  fulfilled  by  the 
insurance  institution  wherein  the  branch  in  question  of  the  under- 
taking was  formerly  insured.  Similarly,  on  the  expiration  of 
this  Treaty,  liabilities  in  respect  of  accidents  which  occurred  while 
the  Treaty  was  in  force,  shall  continue  to  be  fulfilled  by  the  pre- 
vious Insurance  institution. 

In  witness  whereof  the  plenipotentiaries  have  signed  this  Treaty 
in  duplicate  and  set  their  seals  thereto. 

{E.  B.  II,  (3)  pp.  350-351.) 


207 


EHIBIT  i6A. 

Supplementary  Treaty  Between   the   German  Empire  and  the 
Netherlands   (May  jo,  191 4). 

(i)  The  following  new  Section  shall  be  inserted  between  No. 
3  and  4  in  the  Treaty  of  27th  August,  1907,  respecting  accident 
insurance,  concluded  between  the  German  Empire  and  the 
Netherlands : 

3a.  Where  ,in  pursuance  of  No.  i  to  3,  the  undertakings 
there  designated  are  subject  to  the  accident  insurance  of  one  of 
the  parties  to  the  Treaty,  the  persons  employed  in  the  undertak- 
ings shall  be  subject  to  the  insurance  even  if  they  do  not  reside  in 
the  territory  of  the  said  party. 

(II)  The  rule  contained  in  the  new  No.  3a,  contemplated  in 
No.  I,  shall  apply  to  accidents  which  happened  before  the  coming 
into  force  of  the  present  Treaty,  provided  that  no  decision  having 
the  force  of  law  has  been  issued  in  respect  of  such  accidents 
either  before  or  on  the  day  when  the  Treaty  comes  into  force. 

(III)  This  Treaty  shall  be  ratified  by  His  Majesty  the  Ger- 
man Emperor  and  Her  Majesty  the  Queen  of  the  Netherlands, 
and  the  ratifications  shall  be  exchanged  as  soon  as  possible. 

The  Treaty  shall  come  into  force  on  the  fourteenth  day  after 
the  exchange  of  ratifications. 
(£.  B.  X,  (7-8)  p.  197.) 

EXHIBIT  17. 

Convention  Signed  at  Paris  the  ^rd  Day  of  Jidy,  ipop.  Between 
France  and  the  United  Kingdom. 

(i) — British  subjects  who  meet  with  accidents  arising  out  of 
their  employment  as  workmen  in  France,  and  persons  entitled 
to  claim  through  or  having  rights  derivable  from  them,  shall  en- 
joy the  benefits  of  the  compensation  and  guarantees  secured  to 
French  citizens  by  the  legislation  in  force  in  France  in  regard 
to  the  liability  in  respect  of  such  accidents. 

Reciprocally,  French  citizens  who  meet  with  accidents  arising 
out  of  their  employment  as  workmen  in  the  United  Kingdom 
of  Great   Britain   and   Ireland,   and  persons   entitled  to  claim 

208 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

through  or  having  rights  derivable  from  them,  shall  enjoy  the 
benefits  of  the  compensation  and  guarantees  secured  to  British 
subjects  by  the  legislation  in  force  in  the  United  Kingdom  of 
Great  Britain  and  Ireland  in  regard  to  compensation  for  such  ac- 
cidents, supplemented  as  specified  in  Article  5. 

(2)  Nevertheless,  the  present  Convention  shall  not  apply  to 
the  case  of  a  person  engaged  in  a  business  having  its  headquar- 
ters in  one  of  the  two  Contracting  States,  but  temporarily  de- 
tached for  employment  in  the  other  Contracting  State,  and  meet- 
ing with  an  accident  in  the  course  of  that  employment,  if  at  the 
time  of  the  accident  the  said  employment  has  lasted  less  than 
six  months.  In  this  case  the  persons  interested  shall  only  be  en- 
titled to  the  compensation  and  guarantees  provided  by  the  law 
of  the  former  State. 

The  same  rule  shall  apply  in  the  case  of  persons  engaged  in 
transport  services  and  employed  at  intervals,  whether  regular 
or  not,  in  the  country  other  than  that  in  which  the  headquarters 
of  the  business  are  established. 

(3)  The  British  and  French  authorities  will  reciprocally  lend 
their  good  offices  to  facilitate  the  administration  of  their  respec- 
tive laws  as  aforesaid. 

(4)  The  present  Convention  shall  be  ratified,  and  the  ratifi- 
cations shall  be  exchanged  at  Paris,  as  soon  as  possible. 

It  shall  be  applicable  in  France  and  in  the  United  Kingdom 
of  Great  Britain  and  Ireland  to  all  accidents  happening  after 
one  month  from  the  time  of  its  publication  in  the  two  countries  in 
the  manner  prescribed  by  their  respective  laws,  and  it  shall  remain 
binding  until  the  expiration  of  one  year  from  the  date  on  which  it 
shall  liave  been  denounced  by  one  or  other  of  the  two  Con- 
tracting Parties. 

(5)  Nevertheless,  the  ratification  mentioned  in  the  preceding 
article  shall  not  take  place  till  the  legislation  at  present  in  force 
in  the  United  Kingdom  of  Great  Britain  and  Ireland  in  regard 
to  workmen's  compensation  has  been  supplemented,  so  far  as 
concerns  accidents  to  French  citizens  arising  out  of  their  employ- 
ment as  workmen,  by  arrangements  to  the  following  eflfect : 

(a)  That  the  compensation  payable  shall  in  every  case  be 
fixed  by  an  award  of  the  County  Court. 

209 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

(b)  That  in  any  case  of  redemption  of  weekly  payments  the 
total  sum  payable  shall,  provided  it  exceeds  a  sum  equivalent  to 
the  capital  value  of  an  annuity  of  £4  (100  fr.),  be  paid  into 
Court,  to  be  employed  in  the  purchase  of  an  annuity  for  the 
benefit  of  the  person  entitled  thereto. 

(c)  That  in  those  cases  in  which  a  lump  sum  representing 
the  compensation  payable  shall  have  been  paid  by  the  employer 
into  the  County  Court,  if  the  injured  workman  returns  to  reside 
in  France,  or  if  the  dependents  resided  in  France  at  the  time  of 
his  death  or  subsequently  return  to  reside  in  France,  the  total 
sum  due  to  the  injured  workman  or  to  his  dependants  shall  be 
paid  over  through  the  County  Court  to  the  Caisse  Nationale 
Francaise  des  Retraites  pour  la  Viaillesse,  who  shall  employ  it 
in  the  purchase  of  an  annuity  according  to  its  tariff  at  the  time  of 
the  payment ;  and  further,  that  in  the  case  in  which  a  lump  sum 
shall  not  have  been  paid  into  Court,  and  the  injured  workman 
returns  to  reside  in  France,  the  compensation  shall  be  remitted  to 
him  through  the  County  Court  at  such  intervals  and  in  such  way 
as  may  be  agreed  upon  by  the  competent  authorities  of  the  two 
countries. 

(d)  That  in  respect  of  all  the  acts  done  by  the  County  Court 
in  pursuance  of  the  legislation  in  regard  to  workmen's  compen- 
sation, as  well  as  in  the  execution  of  the  present  Convention, 
French  citizens  shall  be  exempt  from  all  expenses  and  fees. 

(e)  That  at  the  beginning  of  each  year  His  Majesty's  princi- 
pal Secretary  of  State  for  the  Home  Department  will  send  to 
the  Department  du  Travail  et  de  la  pre  Prevoyance  sociale  a 
record  of  all  judicial  decisions  given  in  the  course  of  the  preceding 
year  under  the  legislation  in  regard  to  workmen's  compensa- 
tion in  the  case  of  French  citizens  injured  by  accident  in  the 
United  Kingdom  of  Great  Britain  and  Ireland. 

{E.  B.  IV,  (3)  pp.  163-164.  See  also  E.  B.  VI,  (i)  pp.  5-6; 
(2)  p.  169;  (4)  pp.  CXX-CXXI ;  E.  B.  VII,  (7)  pp.  298-299.) 

EXHIBIT  18. 

Agreement  Between  Hungary  and  Italy  Respecting  Accident  In- 
surance {Sept.  ip,  ipop). 

( I )     Workmen  and  employees,  being  Hungarian  subjects,  who 

210 


LABOR    LAW    INTERNATIONALLY    ADOPTED 

meet  with  accidents  in  occupations  for  which  insurance  is  com- 
pulsory under  the  Italian  Act,  No.  51,  dated  31st  January,  1904 
(codified  text),  and  any  later  Acts  amending  the  same,  together 
with  their  dependants  entitled  to  compensation,  shall  have  a  claim 
to  the  same  treatment  and  compensation  as  Italian  subjects  under 
the  said  Italian  Act  (codified  text)  and  any  later  Acts  amending 
the  same.  On  the  other  hand  workmen  and  employees,  being 
Italian  subjects,  who  meet  with  accidents  in  occupations  for  which 
insurance  is  compulsory  under  the  Hungarian  Act  No.  XIX.,  of 
1907,  and  any  later  Acts  amending  the  same  together  with  their 
dependants  entitled  to  compensation,  shall  have  a  claim  to  the 
same  treatment  and  compensation  as  that  granted  to  Hungarian 
subjects  for  industrial  accidents  by  the  Hungarian  Act  No.  XIX., 
of  1907,  and  any  later  Acts  amending  the  same. 

The  mutual  right  contemplated  in  the  preceding  paragraph  shall 
extend  also  to  workmen  and  employees  employed  in  occupations 
for  which  insurance  is  compulsory,  by  firms  being  domiciled  or 
having  permanent  representation  within  the  territory  of  one  of  the 
two  States,  who  meet  with  industrial  accidents  when  working  out- 
side the  territory  of  both,  unless  the  industrial  accidents  legisla- 
tion in  force  in  the  State  where  the  accident  occurs  applies  to 
such  workmen  or  employees. 

Similarly,  dependants  of  any  such  persons  having  met  with 
an  industrial  accident  shall  have  a  claim  to  compensation  even 
if  at  the  time  of  the  accident  they  were  not  within  the  territory 
of  that  one  of  the  two  States  where  the  accident  occurred. 

In  addition,  compensation  shall  be  paid  to  workmen  or  em- 
ployees having  met  with  industrial  accidents  who  after  the  said 
accident  return  and  live  permanently  in  their  own  country. 

The  dependants  of  a  workman  or  employee  having  met  with 
an  industrial  accident  shall  receive  compensation  even  if  they  have 
never  resided  within  the  territory  of  the  State  where  the  accident 
occurred,  or  if  after  residing  there  they  betake  themselves  perma- 
nently to  a  foreign  country. 

(2)  The  proper  authorities  of  one  of  the  two  States  having  in 
hand  the  investigation  of  an  industrial  accident  sustained  by  a 
workman  or  employee  belonging  to  the  other  State,  shall  forward 
a  copy  of  the  report  on  the  investigation  within  eight  days  of  the 
issue  of  the  same,  to  the  proper  consular  authorities  of  the  place 
where  the  accident  occurred. 

211 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

(3)  At  the  request  of  the  Itahan  consular  authorities  the 
proper  Hungarian  authorities  shall  lend  their  assistance  in  deter- 
mining whether  in  the  case  of  a  person  residing  in  Hungary  the 
conditions  attached  to  the  receipt  of  an  annuity  are  satisfied,  or 
whether  any  changes  have  been  introduced  likely  to  affect  the 
amount  of  the  compensation  payable.  The  same  shall  apply  on 
the  other  hand  to  Italian  authorities  in  the  event  of  a  similar 
request  on  the  part  of  the  Austro-Hungarian  consular  authori- 
ties. 

(4)  Hungarian  subjects  awarded  compensation  in  pursuance 
of  sect.  I  of  this  agreement  shall,  if  they  are  not  resident  in 
Italy,  be  bound  to  observe  the  regulations  for  such  cases  issued 
by  the  Italian  institution  concerned,  and  vice  versa. 

(5)  An  Hungarian  institution  which,  in  pursuance  of  Hun- 
garian law  is  required  to  pay  an  annuity  to  an  Italian  subject 
resident  in  Italy  may  relieve  itself  of  its  obligation  by  paying  to 
the  proper  Italian  institution  the  captal  corresponding  to  the 
annuity  in  question  in  accordance  with  the  tariff  of  the  latter  in 
force  at  the  time  the  payment  is  made.  In  such  case  the  said 
Italian  institution  shall  take  over  the  payment  of  the  annuity 
subject  to  such  conditions  and  regulations  as  may  be  adopted  in 
agreement  with  the  Hungarian  institution  concerned. 

On  the  other  hand,  an  Italian  institution  which,  in  pursuance 
of  the  Italian  Act,  is  required  to  pay  an  annuity  to  a  Hungarian 
subject  resident  in  Hungary,  may  relieve  itself  of  its  obligations 
by  paying  to  the  Hungarian  institution  concerned  the  capital  cor- 
responding to  the  annuity  in  question  in  accordance  with  the  tariff 
of  the  latter  institution  in  force  at  the  time  when  the  payment  is 
made.  In  such  case  the  said  Hungarian  institution  shall  take 
over  the  payment  of  the  annuity  subject  to  such  conditions  and 
regulations  as  may  be  adopted  in  agreement  with  the  Italian 
institutions  concerned. 

The  Hungarian  institution  concerned  may,  in  addition,  charge 
the  proper  Italian  institution  to  pay  out  in  its  stead,  to  Italian 
subjects  resident  in  Italy,  annuities  payable  under  the  Hungarian 
Act,  and  vice  versa.  Such  payments  shall  be  made  subject  to 
such  conditions  and  regulations  as  may  be  mutually  agreed  upon 
by  the  two  institutions. 

212 


LABOR   LAW  INTERNATIONALLY  ADOPTED 

Agreements  may  also  be  come  to  by  the  Hungarian  and  Italian 
institutions  concerned  in  reference  to  financial  transactions  car- 
ried on  by  post  in  connection  with  the  payment  of  compensation. 

(6)  The  Hungarian  and  Italian  institutions  concerned  shall 
have  power  to  vary  the  rules  contained  in  sect.  4.  They  may  also 
vary  the  tariffs  contemplated  in  Sect.  5  of  the  Agreement,  pro- 
vided only  that  equality  in  the  treatment  of  the  subjects  of  the 
two  States  shall  be  maintained. 

(7)  In  the  preceding  articles  the  Hungarian  institution  con- 
cerned shall  mean  the  National  Institution  for  the  Maintenance 
of  Invalid  Workmen  and  for  Insurance  against  Accident  (Orscd- 
gos  Munkdsbetegsegelyzo  es  Balesethiztosito  Penztar)  of  Buda- 
pest or  of  Zagabria,  according  as  the  injured  person  belongs  to 
the  one  or  the  other,  and  the  Italian  institution  concerned  shall 
mean  the  Italian  National  Workmen's  Invalidity  and  Old  Age 
Insurance  Institution  {Cassa  Nasionale  italiana  di  previdcnza  per 
la  invalid  it  a  a  per  la  vecchiaia  degli  operai) . 

(8)  Any  exemptions  from  taxes  and  fees  and  any  other  fiscal 
exemptions  allowed  by  the  laws  of  either  of  the  two  States  in  the 
case  of  documents  relating  to  the  drawing  of  compensation  shall 
apply  equally  in  cases  where  such  documents  are  used  in  the  other 
State  for  the  drawing  of  compensation  in  pursuance  of  the  laws 
there  in  force. 

(9)  Disputes  which  arise  between  the  two  Staites  respecting 
the  interpretation  and  application  of  this  Agreement  shall  be  re- 
ferred to  arbitration  on  the  demand  of  one  of  the  two  States. 

For  every  such  dispute  a  Court  of  Arbitration  shall  be  insti- 
tuted as  follows : — Each  of  the  two  States  shall  name  two  suit- 
able persons,  being  its  own  subjects,  as  arbitrators;  these  shall 
agree  amongst  themselves  as  to  the  choice  of  a  President  belong- 
ing to  a  third  friendly  State.  The  two  States  reserve  to  them- 
selves the  right  of  nominating  in  advance  and  for  a  definite  term 
the  person  who  shall  act  as  President  in  the  end  of  any  dispute. 

The  Court  of  Arbitration  shall  sit  on  the  first  occasion  within 
the  territory  of  the  State  chosen  by  agreement  for  the  purpose; 
on  the  second  occasion  within  the  territory  of  the  other,  and  so 
on,  alternately  in  one  or  the  other  State.  The  State  where  the 
Court  is  to  sit  shall  determine  the  place  where  the  sitting  shall  be 

213 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

held,  and  shall  make  arrangements  for  the  rooms,  employees  and 
attendants  necessary  in  connection  with  the  work  of  the  Court. 
The  President  shall  preside  in  the  Court.  Resolutions  shall  b$ 
adopted  by  a  majority.  The  two  States  shall  agree  in  each  sepa- 
rate case  or  once  for  all  upon  the  procedure  to  be  observed  by  the 
Court.  In  the  absence  of  any  such  agreement  the  Court  shall 
adopt  its  own  procedure.  The  proceedings  may,  if  neither  of  the 
two  States  object,  be  carried  on  in  writing.  In  this  case  the 
provisions  of  the  preceding  paragraph  may  be  varied. 

As  regards  the  serving  of  the  summonses  to  appear  before 
the  Court  of  Arbitration  and  letters  of  request,  the  authorities  of 
either  State  shall,  on  the  application  in  that  behalf  of  the  Court 
to  the  Government  concerned,  lend  their  assistance  in  the  same 
manner  as  they  are  in  the  habit  of  doing  on  the  application  of  the 
Civil  Courts  of  the  country. 

(10)  This  Agreement  shall  come  into  force  thirty  days  after 
the  exchange  of  ratifications  and  shall  remain  in  force  for  at 
least  seven  years.  On  the  conclusion  of  the  term  the  Agreement 
rnay  be  set  aside  after  notice  at  any  time;  notwithstanding,  it 
shall  remain  in  force  after  such  notice  until  31st  December  of 
the  year  following  that  when  the  notice  was  given. 

Even  after  the  said  notice  has  been  given  this  Agreement  shall 
continue  to  apply  without  limitation  to  the  claims  of  injured  per- 
sons and  their  dependants  to  whom  compensation  is  due  from  the 
institutions  named  in  this  Agreement  in  respect  of  industrial  ac- 
cidents occurring  not  later  than  31st  December  in  the  year  follow- 
ing that  on  which  notice  was  given. 

On  the  said  date  the  power  given  to  consular  authorities  and 
the  rights  and  duties  of  the  institutions  in  their  mutual  relations 
under  this  Agreement  shall  cease,  except  as  regards  the  settle- 
ment of  accounts  outstanding  between  the  institutions  at  the 
time  and  the  payment  of  all  those  annuities  for  which  they 
have  been  paid  the  capital  value  in  advance. 

(11)  The  provisions  of  sections  i  to  8  of  this  Agreement  shall 
apply  retrospectively  back  to  ist  July,  1908. 

(12)  This  Agreement  shall  be  ratified  and  the  ratifications 
shall  be  exchanged  at  Rome  as  soon  as  possible. 

(£.  R  V,  (I)  pp.  1-3.) 

214 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

EXHIBIT  19. 

Treaty  of  Commerce  and  N avigationB etween  German  Empire 
and  Sweden  {May  2,  ipii). 

(Extract) 

"The  contracting  parties  undertake  to  examine  by  amicable  ar- 
rangement the  question  of  the  treatment  of  Swedish  workers  in 
Germany  and  German  workers  in  Sweden  in  respect  of  Work- 
men's Insurance,  with  the  object  of  securing  to  the  workmen  of 
either  country,  in  the  other,  by  means  of  agreements  adapted 
to  that  end,  treatment  which  gives  them  as  far  as  possible  equal 
advantages. 

Such  arrangements  shall  be  made  by  special  agreement,  and 
quite  apart  from  the  coming  into  force  of  the  present  treaty." 

(£.  B.  VII,  (11-12)  p.  cv.) 

EXHIBIT  20. 

Franco-Danish  Treaty  of  Arbitration  (Aug.  p,  ipii). 

(i)  Differences  of  a  judicial  character,  and  especially  those 
relating  to  the  interpretation  of  the  Treaties  existing  between 
the  two  contracting  parties  which  might  hereafter  arise  between 
them,  and  which  it  had  been  found  impossible  to  arrange  by  diplo- 
matic methods,  shall  be  submitted  to  arbitration  under  the  terms 
of  the  Convention  for  the  pacific  settlement  of  international  dis- 
putes, signed  at  The  Hague  on  the  i8th  of  October,  1907,  subject 
in  all  cases  to  the  condition  that  they  do  not  affect  the  vital 
interests,  the  independence,  or  the  honour  of  either  the  contracting 
States,  and  that  they  do  not  touch  the  interests  of  other  Powers. 

(2)  Differences  relating  to  the  following  questions  shall  be 
submitted  to  arbitration  without  the  power  to  appeal  to  the  reser- 
vations mentioned  in  Article  1. 

(a)  Pecuniary  claims  under  the  head  of  damages,  where  the 
question  of  indemnity  is  recognized  by  both  parties. 

(b)  Debts  arising  from  contracts  claimed  from  the  Govern- 
ment of  either  of  the  parties  by  the  Government  of  the  other  party 
as  being  due  to  the  subjects  of  the  respective  State. 

215 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

(c)  Interpretation  and  application  of  the  stipulations  of  the 
Convention  relating  to  trade  and  navigation. 

(d)  Interpretation  and  application  of  the  stipulations  of  the 
Convention  relating  to  the  matters  hereunder  indicated: 

Industrial  property,  literary  and  artistic  property,  international 
private  right  as  regulated  by  The  Hague  Conventions,  interna- 
tional protectioii  of  workers,  posts  and  telegraphs,  weights  and 
measures,  sanitary  questions,  submarine  cables,  fisheries,  measure- 
ment of  ships,  white  slave  trade. 

In  differences  relating  to  the  matters  contemplated  under  No 
4  of  the  present  Article,  and  with  regard  to  which,  according  to  the 
territorial  law,  the  judicial  authority  would  be  competent,  the 
contracting  parties  shall  be  under  the  obligation  of  not  submitting 
the  question  in  dispute  to  arbitration  until  after  the  national  juris- 
diction shall  have  definitely  pronounced. 

Arbitration  judgments  given  in  the  cases  contemplated  in  the 
preceding  paragraph  shall  have  no  effect  on  previous  judicial 
decisions. 

The  contracting  parties  engage  to  take,  or,  if  occasion  requires, 
to  propose  to  the  legislative  power  the  necessary  measures  in 
order  that  the  interpretation  given  in  the  arbitration  judgment  in 
the  cases  above  contemplated  may  be  adopted  thereafter  by  their 
tribunals. 

(3)  In  each  particular  case  the  High  Contracting  Parties  shall 
sign  a  special  engagement  stating  clearly  the  subject  of  the  dis- 
pute, the  scope  of  the  power  of  the  arbitrators,  the  procedure,  and 
the  delays  to  be  observed  as  regards  the  operations  of  the  arbi- 
tration tribunal. 

The  Contracting  Parties  shall  agree  to  invest  the  Arbitration 
Tribunal  contemplated  in  the  present  Convention  with  the  power 
of  deciding  in  the  event  of  disagreement  between  them,  as  to 
whether  a  dispute  which  has  arisen  between  them  shall  come 
under  the  heading  of  disputes  to  be  submitted  to  compulsory  arbi- 
tration, in  conformity  with  Articles  i  and  2  of  the  present  Con- 
vention. 

(4)  If,   within  the  year  following  the  notification  by  that 

216 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

party  most  desirous  for  a  compromise,  the  High  Contracting 
Parties  should  not  succeed  in  coming  to  an  understanding  on 
the  measures  to  be  taken,  the  Permanent  Court  shall  be  competent 
to  establish  the  compromise.  It  may  take  cognizance  of  the 
matter  by  request  of  a  single  one  of  the  parties. 

The  compromise  shall  be  decided  in  conformity  with  the  pro- 
visions of  Articles  54  and  55  of  The  Hague  Convention  for  the 
pacific  regulation  of  international  disputes,  dated  i8th  October, 
1907. 

(5)  The  present  Convention  shall  continue  for  a  term  of 
five  years,  with  power  of  tacit  continuance  for  successive  terms 
of  five  years,  from  the  time  of  exchanging  the  ratijfications, 

(6)  The  present  Convention  shall  be  ratified  as  soon  as  possi- 
ble, and  the  ratification  shall  be  exchanged  at  Copenhagen. 

{E.  B,  VI,  (3)  pp.  229-230.) 

EXHIBIT  21. 

Convention  Between  Germany  and  Belgium  in  Regard  to  Insur- 
ance Against  Industrial  Accidents  (July  6,  1912). 

I. — Regulations  in  regard  to  undertakings  zvhose  sphere  of  oper- 
ations extend  over  the  territory  of  both  countries. 

1.  In  regard  to  undertakings  which  have  their  headquarters 
within  the  territory  of  one  of  the  contracting  parties  and  whose 
sphere  of  operations  extends  over  the  territory  of  the  other 
party,  whenever  these  are  subjected  on  both  sides  to  the  regu- 
lations of  compulsory  compensation  for  injuries  resulting  from 
industrial  accidents  (insurance  against  industrial  accidents) 
saving  those  exceptions  mentioned  in  Articles  2and  4,  the  legisla- 
tion of  the  country  in  which  they  are  carried  out  shall  be  ex- 
clusively applied,  as  far  as  the  said  operations  are  concerned. 

This  rule  shall  apply,  regardless  of  the  place  at  which  the 
staflf  was  engaged,  provided  that  the  matter  deals  with  work 
to  be  carried  out  either  in  Germany  or  in  Belgium. 

2.  As  regards  any  undertakings  which  are  financed,  either  by 
the  German  Empire,  a  Federated  German  State,  a  German  Com- 
mune, or  an  Association  of  German  Communes,  or  an  Associa- 
tion of  Belgian  Communes  or  Provinces,  the  legislation  of  the 

217 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

country  in  which  the  undertaking  has  its  headquarters  shall  be 
exclusively  applicable,  even  to  operations  undertaken  on  the  terri- 
tory of  the  other  country  by  a  public  representative  in  the  employ 
of  the  said  undertaking. 

3.  In  transport  undertakings,  as  far  as  the  moving  (travelling) 
portions  of  the  undertaking  are  concerned,  which  extend  from 
one  territory  to  another,  whatever  may  be  the  relative  importance 
of  the  operations  carried  out  on  either  side,  that  legislation  shall 
be  exclusively  applied  which  is  in  force  in  the  country  in  which 
the  undertaking  has  its  headquarters.  The  staff  of  the  travelling 
part  shall  remain  subject  to  this  legislation,  even  should  they  be 
engaged  on  work  connected  with  other  departments  of  the  under- 
taking and  which  are  carried  out  on  the  territory  of  the  other 
country. 

4.  Without  prejudice  to  the  regulations  of  Articles  2  and  3,  in 
undertakings  of  all  kinds,  the  legislation  of  that  country  in  which 
the  undertaking  has  its  headquarters  shall  continue  to  apply  ex- 
clusively for  the  first  six  months  during  which  the  undertaking 
carries  out  operations  on  the  territory  of  the  other  country,  as 
far  as  concerns  these  persons  who,  until  they  were  occupied  in 
this  latter  country,  were  attached  to  a  portion  of  the  undertaking 
subjected  to  the  said  legislation. 

5.  For  the  purpose  of  calculating  the  time  limit  during  which 
the  undertaking  carries  out  operations  outside  the  country  in 
which  its  headquarters  are  found  (Article  4)  several  operations 
undertaken  concurrently  must  be  considered  as  forming  only  one 
and  the  same  work,  which  extends  from  the  commencement 
of  the  first  of  these  portions  until  the  completion  of  the  last. 

The  same  rule  shall  apply  should  it  be  a  question  of  works 
undertaken  successively,  one  after  the  other,  and  which  are  not 
separated  by  an  interval  of  more  than  30  days.  Should  the  in- 
terval be  over  30  days,  a  fresh  time  limit  of  six  months  shall  com- 
mence from  the  resumption  of  operations. 

The  time  previous  to  the  coming  into  force  of  the  present 
Convention  shall  be  included  in  the  time  limit. 

6.  If,  in  pursuance  of  Articles  i  and  4,  an  undertaking  whose 
headquarters  are  in  one  of  the  countries  should  be  subjected  to 
the  legislation  of  the  other  country,  as  far  as  the  business  carried 

218 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

out  on  the  territory  of  the  latter  is  concerned,  the  work  included 
in  this  business  shall  be  considered  as  an  undertaking  in  the 
sense  of  the  said  legislation. 

7.  Whenever,  in  one  of  the  countries,  grants  have  been 
allowed  by  way  of  legal  indemnity,  relative  to  an  accident,  the 
consequences  of  which,  in  virtue  of  the  present  Convention,  must 
be  compensated  for  according  to  the  legislation  of  the  other 
country,  the  party  liable  shall  be  bound  to  reimburse  the  said 
grants,  setting  it  off  against  the  indemnity  which  is  due  from  him. 

8.  Whenever  an  accident  which  has  taken  place  on  the  terri- 
tory of  one  of  the  countries  comes  under  the  application  of  the 
legislation  relative  to  compensation  for  injuries  resulting  from 
industrial  accidents,  of  the  other  country,  that  legislation  shall 
apply  likewise  as  far  as  actions  for  civil  liability  are  concerned, 
to  which  the  accident  may  give  rise,  according  to  the  legislation 
of  the  first  country. 

This  rule  shall  apply  even  when  an  undertaking  is  only  sub- 
jected in  one  of  the  two  countries  to  the  laws  of  compulsory 
compensation  for  injuries  resulting  from  industrial  accidents. 
II. — Regulations  in  regard  to  reciprocal  relations  in  the  matter  of 
Compensation  for  Injuries  resulting  from  in- 
dustrial Accidents  in  general, 

9.  In  order  to  facilitate  on  either  side  the  carrying  out  of  the 
legislation  relative  to  industrial  accidents,  the  competent  ad- 
ministrative and  judicial  authorities  shall  give  each  other  mutual 
assistance  and  shall  lend  each  other  judicial  assistance  according 
to  the  regulations  in  force  in  civil  and  commercial  matters.  In 
urgent  cases  the  authorities  shall  even  give,  officially  the  necessary 
means  of  information  as  if  It  were  a  question  of  carrying  out 
their  national  law. 

10.  The  provisions  in  force  In  one  of  the  countries  according 
to  which  exemptions  from  stamp  and  other  fiscal  duties  or  ad- 
vantages of  another  class  may  be  accorded  in  regard  to  Industrial 
accidents,  shall  apply  whenever  it  is  a  case  of  carrying  out  in  the 
said  country  the  legislation  of  the  other  country. 

11.  Whenever  the  party  to  whom  the  indemnity  is  due  does 
not  reside  in  the  country  of  the  party  who  is  liable  to  pay  the 
indemnity,  but  comes  from  the  other  country,  the  party  liable  may 

219 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

legally  make  payments  to  the  Consular  Authority  of  the  country 
of  the  creditor,  in  the  district  in  which  the  said  debtor  lives  or 
where  the  headquarters  of  his  business  are  situated. 

The  Consular  Authority  must  act  as  intermediary  for  the  com- 
munication of  the  necessary  certificates  (life  certificate,  widow- 
hood certificate,  etc.). 

12.  As  far  as  the  questions  mentioned  in  Article  II  are  con- 
cerned the  territorial  spheres  and  districts  of  the  Consular  Author- 
ities shall  be  fixed  by  an  arrangement  to  be  concluded  between 
the  two  Governments. 

13.  In  the  application  of  legislation  in  regard  to  industrial 
accidents  of  one  of  the  countries,  whenever  it  may  be  necessary 
to  express  the  value  of  remuneration  for  work  in  coinage  of  the 
other  country,  the  conversion  shall  take  place  on  a  basis  of  a  mean 
value  determined  by  each  of  the  two  Governments  for  the  applica- 
tion of  its  legislation,  which  information  it  shall  cause  to  be 
transmitted  to  the  other  Government. 

14.  The  system  of  insurance  adopted  for  the  German  officials, 
instead  of  insurance  against  accidents,  shall  be  assimilated  to  the 
said  insurance  as  far  as  the  present  Convention  is  concerned. 
III. — Temporary  Regulations  and  Final  Regulations. 

15.  The  obligations  resulting  from  accidents  which  took 
place  previous  to  the  coming  into  force  of  the  present  Conven- 
tion shall  remain,  even  in  the  future,  at  the  charge  of  the  person 
previously  liable, 

16.  The  regulations  relative  to  the  carrying  out  of  the  present 
Convention  shall  be  decreed  by  each  of  the  contracting  parties, 
in  their  respective  autonomy,  as  far  as  it  may  be  necessary  in 
regard  to  their  jurisdiction,  namely,  in  Germany  by  the  Chancellor 
of  the  Empire  or  by  the  authority  which  he  shall  appoint,  in 
Belgium,  by  the  competent  authority  according  to  the  circum- 
stances. The  two  Governments  shall  communicate  to  each  other 
the  regulations  thus  made. 

17.  The  present  Convention  shall  be  ratified  by  H,  M.  The 
German  Emperor  and  by  H.  M.  the  King  of  the  Belgians,  and 
the  ratifications  shall  be  interchanged  as  soon  as  possible. 

The  Convention  shall  come  into  force  on  1st  February,  1913. 
It  may  be  denounced  at  any  time  by  the  two  parties,  and  it 

220 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

shall  cease  at  the  expiration  of  the  year  following  the  denuncia- 
tion. 

In  the  event  of  the  denouncing  of  the  present  Convention  the 
obligations  resulting  from  accidents  which  have  taken  place  whilst 
the  Convention  was  still  in  force  shall  continue  to  be  carried  out 
by  the  parties  previously  liable. 

{E.  B.  VIII,  (2)  pp.  47-49-) 

EXHIBIT  22. 

Convention  Between  the  German  Empire  and  the  Kmgdom  of 

Italy  With  Respect  to  Workmen's  Insurance 

(luly  5 J,  191 2). 

PART  I. — Accident  Insurance. 

(i)  The  two  contracting  parties  place  the  subjects  of  their 
respective  countries  and  their  survivors  on  an  equal  footing  with 
the  subjects  of  the  other  country  and  their  survivors  with  respect 
to  benefits  derived  from  the  German  Industrial  Accident  In- 
surance and  the  German  Seamen's  Accident  Insurancie  on  the 
one  hand  and  from  the  Italian  Accident  Insurance  on  the  other 
hand. 

This  condition  shall  hold  good  for  the  Italian  Accident  Insur- 
ance of  agricultural  labourers,  only  if  the  latter  are  subject  to 
the  accident  insurance  according  to  the  Italian  Act  dated  31st 
January,  1904,  now  in  force. 

(2)  The  principle  of  equality  of  rights  (sect,  i)  shall  not 
exclude  a  payment  being  made,  in  the  place  of  an  annuity,  of 
three  times  the  amount  of  the  annuity,  with  the  consent  of  the 
person  entitled  thereto,  or  of  a  capital  sum  corresponding  to  the 
value  of  the  annuity,  without  the  consent  of  the  person  entitled 
thereto. 

In  the  German  Accident  Insurance  the  general  regulations  is- 
sued by  the  Federal  Council  shall  apply  for  the  calculation  of  the 
corresponding  capital  value. 

In  the  Italian  Accident  Insurance  the  general  regulations  which 
hold  good  for  the  conversion  of  the  capital  amount  of  compen- 
sation into  an  annuity,  shall  apply. 

221 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

PART  11. — Invalidity,  Old  Age,  and  Survivors'  Insurance. 

(3)  The  same  contributions  to  the  German  Invalidity  and 
Survivors'  Insurance  shall  be  paid  for  Italian  subjects  as  for  Ger- 
man subjects,  even  if  the  former  are  enrolled  as  members  of 
the  National  Workmen's  Provident  Fund  for  Invalidity  and  old 
age  {Cassa  Nazionale  di  Previdenza  per  la  invalidita  e  per  la 
vecchiaia  degli  operax),  or  of  the  Mercantile  Marine  Invalidity 
Fund  {Cassa  Invalidi  della  Marina  Mercantile). 

If  an  Italian  subject  is  enrolled  as  member  of  one  of  the  said 
funds,  the  insurer  of  the  German  Invalidity  and  Survivors'  In- 
surance shall,  upon  request  of  the  former,  pay  over  to  the 
National  Provident  Fund  half  the  amounts,  which  are  used 
for  him  after  the  application  has  been  made,  as  contributions  of 
the  Italian  subject  to  the  fund  in  vi^hich  he  is  enrolled.  All  par- 
ticulars, especially  v^^ith  respect  to  the  issue  of  corresponding 
receipt  cards,  shall  be  determined  by  the  Imperial  Chancellor; 
the  latter  shall  previously  secure  the  consent  of  the  Italian  Gov- 
ernment, in  so  far  as  the  National  Provident  Fund  is  concerned. 

In  the  case  of  paragraph  2  an  insured  Italian  subject  and  his 
survivors  shall  not  be  entitled  to  claim  the  benefits  of  the  Ger- 
man Invalidity  and  Survivor's  Insurance  unless  such  benefits 
must  be  granted  for  an  insurance  case  arising  previously  to  the 
making  of  the  application.  Contributions,  of  which  half  are  to 
be  paid  over  to  the  National  Provident  Fund  in  accordance  with 
paragraph  2,  shall  not  be  taken  into  consideration  with  respect 
to  the  claim  to  such  benefits. 

(4)  Article  3,  paragraphs  two  and  three,  shall  hold  good  also 
for  Italian  subjects  who  make  use  of  the  voluntary  additional 
insurance,  according  to  the  German  law.  The  German  insurers 
shall  pay  over  the  full  amount  of  the  additional  stamps. 

(5)  With  respect  to  maintaining  the  rights  to  claim  the 
benefits  of  the  German  invalidity  and  Survivor's  Insurance,  the 
fulfillment  of  the  obligation  of  active  military  service  in  Italy 
is  placed  on  a  par  with  the  fulfillment  of  the  obligation  of  Ger- 
man subjects  to  serve  under  the  colours. 

(6)  German  subjects  residing  in  Italy  shall  be  entitled  to  be 
enrolled  as  members  of  the  Italian  National  Provident  Fund, 
under  the  same  conditions  and  with  the  same  effects  as  Italian 

222 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

subjects,  in  so  far  as  Articles  7,  8,  10,  and  ii  do  not  contain  any 
contrary  stipulations. 

(7)  German  subjects  shall  be  insured  with  the  National  Provi- 
dent Fund  under  the  condition  of  repayment  of  the  contributions 
(tariff  of  reserved  capital).  Upon  application  of  the  insured  per- 
son, the  contributions,  including  the  amounts  paid  by  others  on 
behalf  of  the  person  enrolled,  shall  be  refunded,  should  the  in- 
sured person  die  or  leave  Italian  territory  before  the  contingency 
of  insurance  arises;  in  the  latter  case  they  shall  be  paid  to  the 
insured  person. 

If  employers  in  Italy  pay  contributions  to  the  National  Provi- 
dent Fund  for  their  national  workers  or  for  certain  classes  of 
the  same,  they  shall  be  bound  to  pay  such  contributions  to  the 
said  fund  also  in  a  corresponding  manner  for  their  German 
workers. 

(8)  The  transfer  from  the  Workmen's  Insurance  to  the  Na- 
tional Insurance,  which  takes  place  according  to  Italian  legisla- 
tion when  the  conditions  for  inscription  in  the  register  of  Work- 
men's Insurance  with  the  National  Provident  Fund  do  not  apply, 
shall  entail  for  a  German  insured  person  the  loss  of  the  right  to 
claim  repayment  of  contributions  only  if  he  expressly  agrees  with 
the  transfer. 

(9)  German  subjects  belonging  to  the  crew  of  an  Italian 
sea-going  ship  shall  be  placed  on  the  same  footing  as  Italian  sub- 
jects with  respect  to  insurance  with  the  Mercantile  Marine  In- 
validity Fund,  in  so  far  as  nothing  to  the  contrary  is  hereinafter 
stipulated.  For  such  German  subjects  the  inscription  in  the 
Italian  register  of  seamen  shall  be  a  condition  of  the  insurance. 

If  a  German  subject  insured  in  this  manner  leaves  Italian  ter- 
ritory previous  to  the  contingency  of  the  insurance  arising, 
without  belonging  to  the  crew  of  an  Italian  sea-going  vessel,  the 
contributions  paid  for  him  shall  be  refunded  upon  his  request 

(10)  As  long  as  a  German  subject  who  is  entitled  to  an  an- 
nuity from  one  of  the  said  Italian  funds,  voluntarily  has  his  ordi- 
nary abode  outside  the  territory  of  the  Italian  State,  his  annuity 
shall  remain  suspended;  in  such  a  case  his  claim  shall  be  com- 
pounded by  the  payment  of  triple  the  amount  of  his  annuity. 

So  long  as  a  German  subject  has  been  exiled  from  Italian 
territory,  in  consequence  of  a  criminal  conviction,  his  annuity 
shall  remain  in  suspense. 

22-? 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

If  a  German  subject  has  left  Italian  territory  in  virtue  of  an 
order  of  an  Italian  authority,  his  annuity  shall  not  remain  in 
suspense,  except  in  the  cases  referred  to  in  paragraph  2.  The 
Italian  fund,  however,  may  compound  his  claim  with  his  consent, 
by  the  payment  of  triple  the  amount  of  his  annuity. 

(11)  Disputes  with  respect  to  the  compounding  of  claims 
shall  be  decided  by  such  proceedings  as  are  prescribed  for  annuity 
claims  in  the  Italian  Invalidity  and  Old  Age  Insurance  Act. 

(12)  Should  the  Italian  Invalidity,  Old  Age,  and  Survivors* 
Insurance  be  extended  to  a  larger  circle  of  persons,  the  above 
conditions  shall  be  correspondingly  applied. 

PART  III. — General  Provisions. 

(13)  With  respect  to  the  administration  of  the  Accident  In- 
surance as  well  as  of  the  Invalidity,  Old  Age,  and  Survivors'  In- 
surance of  one  country  in  the  other,  mutual  support  and  legal 
assistance  shall  be  given  by  the  competent  authorities.  Legal 
assistance  shall  be  given,  in  so  far  as  no  contrary  provisions  are 
contained  in  the  following  articles,  in  accordance  with  the  pro- 
visions in  force  for  civil  and  commercial  matters. 

(14)  The  Italian  Government  shall  communicate  to  the  Ger- 
man Government  a  list  of  medical  men,  clinical  establishments 
and  hospitals,  which,  in  the  administration  of  the  German  Work- 
men's Insurance  in  Italy,  are  specially  suitable  for  medical  treat- 
ment and  advice.  It  shall  also  take  care  that  the  expenses  for 
treatment,  examination  and  advice  by  the  medical  men  named  in 
the  list  and  for  maintenance  in  the  institutions  therein  mentioned 
are  kept  within  reasonable  limits. 

(15)  The  regulations  of  one  country,  according  to  which 
there  exist  exemptions  from  stamp  duty  and  fees  or  other  priv- 
ileges with  respect  to  the  Accident  Insurance  and  the  Invalidity, 
Old  Age,  and  Survivors'  Insurance  shall  be  correspondingly  ap- 
plied, in  so  far  as  it  may  be  necessary  to  administer  in  such  coun- 
try the  respective  workmen's  insurance  of  the  other  country. 

(16)  In  the  case  of  an  accident  happening  to  an  Italian  sub- 
ject, the  German  Department  concerned  shall  immediately  give 
notice  to  the  Italian  Consular  Authority,  which  is  competent  for 

224 


LABOR  LAW  INTERNATIONALLY   ADOPTED 

the  district  in  question,  of  the  termination  of  the  inquiry  into 
the  accident. 

The  Itahan  Consular  Authority  may  claim  to  follow  the  pro- 
ceedings in  connection  with  the  inquiry  and  any  subsequent  pro- 
ceedings to  the  same  extent  as  the  parties  directly  concerned. 

The  provisions  of  paragraph  2  shall  be  applied  in  a  correspond- 
ing manner  to  the  German  Invalidity  and  Survivors'  Insurance. 

(17)  Should  it  be  necessary  to  obtain  evidence  in  Italy  for 
establishing  the  claim  of  an  Italian  subject  arising  out  of  the 
German  Accident  Insurance,  or  of  the  German  Invalidity  and 
Survivors'  Insurance,  the  German  insurers  and  the  German  In- 
surance Authorities  may  avail  themselves  of  the  intermediary  of 
the  competent  Italian  Consular  Authority  for  their  district.  The 
inquiries  made  in  this  manner  shall  be  free  of  cost,  with  the  ex- 
ception of  the  medical  evidence. 

(18)  If,  for  the  purpose  of  the  administration  of  the  German 
Accident  Insurance  and  of  the  German  Invalidity  and  Survivors' 
Insurance,  it  should  be  necessar}^  to  serve  documents,  fixing  cer- 
tain periods,  upon  Italian  subjects,  who  are  not  residing  within 
the  territory  of  the  German  Empire  and  whose  abode  is  not 
known,  the  Department  having  to  effect  the  service  shall  claim 
the  intermediary  of  the  Italian  Consular  Authority  in  tbe  district 
of  which  the  Department  is  situate. 

The  Consular  Authority  shall  send  to  the  Department  having 
to  effect  the  service,  within  one  week  after  receipt  of  the  docu- 
ment, the  certificate  of  the  Post  Office  as  to  the  delivery  of  the 
document.  Should  the  Department  demand  it,  the  Consular 
Authority  shall  cause  inquiries  to  be  made  as  to  the  whereabouts 
and  delivery  of  the  document  and  communicate  to  the  Department 
in  question  the  information  which  it  may  receive  in  the  matter 
from  the  Post  Office.  If  the  document  is  returned  by  the  Post 
Office  to  the  Consular  Authority  as  undelivered,  the  Consular 
Authority  shall  transmit  it  immediately,  with  the  annotations  of 
the  Post  Ofifice,  to  the  Department  having  to  effect  the  service. 

If  the  Consular  Authority  is  not  in  a  position  to  effect  delivery 
of  the  document,  the  same  shall  be  returned  without  delay,  at 
latest  before  the  expiration  of  one  week  from  receipt,  to  the  De- 
partment having  to  effect  the  service. 

225 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

If  the  intermediary  of  the  Consular  Authority  for  effecting  the 
service  has  been  made  use  of  without  result,  the  Department 
having  to  effect  the  service  shall  be  at  liberty  to  effect  such  serv- 
ice by  other  means. 

The  intermediary  of  the  Italian  Consular  Authority  may  also 
be  claimed  for  the  service  of  documents  which  do  not  fix  time 
limits. 

( 19)  The  Italian  Government  shall  introduce  a  procedure  cor- 
responding to  that  referred  to  in  sections  16-18,  when  administer- 
ing the  Italian  Workmen's  Insurance  in  connection  with  German 
subjects,  as  soon  as  the  German  Government  places  at  its  disposal 
the  intermediary  of  its  Consuls. 

(20)  The  contracting  parties  reserve  to  themselves  the  right 
to  come  to  an  arrangement  by  way  of  exchange  of  notes,  as  to 
the  manner  in  which  payments  arising  out  of  the  Workmen's 
Insurance  of  the  one  country,  to  persons  entitled  to  the  same  who 
are  staying  in  the  other  country,  shall  be  affected. 

(21)  In  matters  which  are  regulated  by  this  Part,  the  local 
competence  and  the  districts  of  the  Consular  Authority  shall  be 
determined  according  to  an  arrangement  to  be  come  to  between 
the  two  Governments. 

PART  IV.— Final  Provisions, 

{22)  The  two  contracting  parties  reserve  to  themselves  the 
right,  by  an  additional  convention,  to  arrange  that  the  subjects 
of  the  two  countries  shall  be  placed  on  the  same  footing,  with 
respect  to  agricultural  accident  insurance  on  a  larger  scale,  as 
soon  as  a  system  of  accident  insurance  is  introduced  in  Italy 
which  may  be  equivalent  to  the  German  Agricultural  Accident 
Insurance. 

(23)  In  the  same  way  the  two  contracting  parties  reserve  to 
themselves  the  right,  by  an  additional  convention,  to  arrange  that 
the  subjects  of  the  two  countries  shall  be  placed  on  the  same 
footing,  with  respect  to  Invalidity,  Old  Age,  and  Survivors'  In- 
surance as  soon  as  a  system  of  Invalidity,  Old  Age,  and  Sur- 
vivors' Insurance  is  introduced  in  Italy  which  can  be  considered 
as  equivalent  to  the  German  Invalidity  and  Survivors*  Insurance. 

226 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

(24)  This  convention  must  be  ratified  by  His  Majesty  the 
German  Emperor  and  His  Majesty  the  King  of  Italy,  and  the 
deeds  of  ratification  shall  be  exchanged  as  soon  as  possible. 

(25)  l"he  convention  shall  come  into  force  on  ist  April,  1913. 
Notice  of  discontinuance  of  the  convention  may  be  given  at 

any  time  by  either  party,  and  it  shall  cease  to  be  in  force  on  the 
expiration  of  the  year  following  that  in  which  notice  was  given. 
(£.  B.  Will,  (3-4)  pp.  99-103). 


EXHIBIT  23. 

Agreement  Between  the  German  Empire  and  Spain  Concerning 

the  Reciprocal  Communication  of  Accidents  to  Spanish 

Sailors  on  German  Ships  and  of  German  Sailors  on 

Spanish  Ships.     (Concluded  by  Exchange  of 

Diplomatic  Notes  on  ^oth  November,  igi2 

— 12  February,  1913-) 

(i)  Should  a  Spanish  sailor,  employed  on  a  German  ship, 
meet  with  an  accident  during  the  execution  of  his  work,  and  the 
ship  be  in  a  German  port,  or,  after  the  accident,  anchor  in  a  Ger- 
man port,  the  German  authorities,  to  whom  the  skipper  has  given 
notice  in  pursuance  of  the  Regulations,  shall  notify  the  competent 
Spanish  Consul ;  if  the  ship  is  in  a  non-German  port,  the  Ger- 
man Consul  to  whom  the  skipper  has  given  notice  in  pursuance 
of  the  Regulations,  must  communicate  with  the  competent  Span- 
ish Consul.  If  the  port  is  Spanish  and  at  the  same  time  the 
chief  town  of  a  province,  the  Civil  Government  or  else  the  Alcade 
shall  be  notified.  Should  the  accident  take  place  on  the  high  seas, 
the  German  Consul  is  bound,  if  possible,  to  notify  the  accident  to 
the  proper  authorities  within  24  hours  from  the  moment  the 
ship  enters  a  Spanish  port. 

(2)  Should  a  German  sailor,  employed  on  a  Spanish  ship, 
meet  with  an  accident  during  the  execution  of  his  duties,  and  the 
ship  be  in  a  Spanish  port,  or  after  the  accident,  anchor  in  a 
Spanish  port,  the  Spanish  authorities,  to  whom  the  skipper  hns 
given  notice  in  pursuance  of  the  Regulations,  shall  notify  the 

227 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

competent  German  Consul;  should  the  port  not  be  Spanish,  the 
Spanish  Consul  to  whom  the  skipper  has  given  notice  in  pur- 
suance of  the  Regulations  shall  notify  the  competent  German 
Consul,  and,  should  the  port  be  German,  the  Harbour  Police. 
Should  the  accident  take  place  on  the  high  seas  the  Spanish 
Consul  shall  be  bound,  if  possible,  to  notify  the  accident  to  the 
proper  authorities  within  24  hours  from  the  moment  the  ship 
enters  a  Spanish  port. 

(£.  B.  VIII,  (6-7)  p.  247.) 


EXHIBIT  24. 

Treaty  Between  Italy  and  the  United  States,  Amending  the  Treaty 
of  Commerce  and  Navigation  Concluded  26  Febru- 
ary, 187 1   {Feb.  25,  191 3). 

( I )  It  is  agreed  between  the  High  Contracting  Parties  that  the 
first  paragraph  of  Article  III  of  the  Treaty  of  Commerce  and 
Navigation,  26th  February,  1871,  between  Italy  and  the  United 
States,  shall  be  replaced  by  the  following  provision : 

The  citizens  of  each  of  the  High  Contracting  Parties  shall 
receive  in  the  States  and  Territories  of  the  other  the  most  con- 
stant security  and  protection  of  their  property  and  for  their  rights, 
including  that  form  of  protection  granted  by  any  State  or  national 
law  which  establishes  a  civil  responsibility  for  injuries  or  for 
death  caused  by  negligence  or  fault,  and  gives  to  relatives  or 
heirs  of  the  injured  party  a  right  of  action,  which  right  shall 
not  be  restricted  on  account  of  the  nationality  of  said  relatives  or 
heirs ;  and  shall  enjoy  in  this  respect  the  same  rights  and  privileges 
as  are  or  shall  be  granted  to  nationals,  provided  that  they  submit 
themselves  to  the  conditions  imposed  on  the  later. 

(II)  The  present  Treaty  shall  be  ratified  by  His  Majesty 
the  King  of  Italy,  in  accordance  with  the  constitutional  forms  of 
that  kingdom,  and  by  the  President  of  the  United  States,  by 
and  with  the  advice  and  consent  of  the  Senate  thereof,  and  shall 
go  into  operation  upon  the  exchange  of  the  ratifications  thereof, 
which  shall  be  effected  at  Washinisrton  as  soon  as  practicable. 

(£.  B.  VII.-VIII.  (9-10)  p.  363.) 

228 


LABOR  LAW  INTERNATIONALLY  ADOPTED 

EXHIBIT  25. 

Agreement  Between  France  and  Simtzerland  Relative  to  Pensions 

to  Be   Granted  to  Members  of  the  Staff  of  the 

Sk/^iss  Federal  Railroads  Employed  on 

French  Territory  (Oct,  ij,  1913). 

The  Swiss  Federal  Council  and  the  Government  of  the  French 
Republic,  in  an  endeavour  to  prevent  the  French  or  foreign  mem- 
bers of  the  staff  employed  on  French  soil  by  the  General  Admin- 
istration of  the  Swiss  Federal  Railroads  from  coming  under  the 
regulations  concerning  old  age  pensions  of  both  countries,  by  the 
application  of  the  Swiss  and  the  French  Acts,  have  agreed  on  the 
following  provisions: 

(i)  The  members  of  the  staff  permanently  employed  within 
French  territory  by  the  General  Administration  of  the  Swiss 
Federal  Railroads  who  benefit  in  Switzerland  by  old  age  insurance 
corresponding  to  the  provisions  of  the  French  Act  dated  21st 
July,  1909,  shall  be  exempt  from  the  application  of  the  French 
Act  relative  to  old  age  insurance  for  workers. 

(2)  The  members  of  the  staff  employed  by  the  General  Ad- 
ministration of  the  Swiss  Federal  Railroads  who  do  not*  belong 
to  any  Old  Age  Pension  Fund,  more  especially  those  who  are  only 
temporarily  employed  by  the  said  General  Administration,  shall 
remain  subject  to  the  provisions  of  No.  i  of  the  above-mentioned 
French  Act  concerning  old  age  insurance  for  workers. 

(3)  The  present  Agreement  shall  be  ratified,  and  the  rati- 
fication documents  exchanged,  at  the  earliest  possible  moment. 
The  Agreement  shall  come  into  operation  on  the  date  on  which 
the  ratification  documents  are  exchanged,  and  shall  remain  in 
force  until  one  year  after  the  date  on  which  notice  of  termination 
of  the  Agreement  shall  be  given. 

(£.  B.  IX,  (3)  p.  61.) 


229 


In  taking  a  calm  retrospect  of  my  life,  from 
the  earliest  remembered  period  of  it  to  the  present 
hour,  there  appears  to  me  to  have  been  a  suc- 
cession of  extraordinary  or  out-of-t he-usual-way 
events,  forming  connected  links  of  a  chain,  to 
compel  me  to  proceed  onward  to  complete  a 
mission  of  which  I  have  been  an  impelled  ageni, 
without  merit  or  demerit  of  any  kind  on  my  port. 
■ — Robert  Owen,  Sevenoaks.  Park,  Sevenoaks, 
September,  1857. 


APPENDIX  II. 
Labor  Resolutions  Internationally  Subscribed 


CONTENTS 
APPENDIX  II. 

Labor  Resolutions  Internationally  Subscribed. 

Exhibit  Page 

1.  Proposals  of  the  Congress  at  Roubaix  (1884)    239 

2.  Law  Proposition  Before  French  Chamber,    (1885) 239 

3.  Proposition  Before  the  Reichstag,   ( 1886)    240 

4.  Proposals  of  the  Swiss  Federal  Council,  (1889)    240 

5.  Program  of  the  Swiss  Federal  Council,   (1889) 2^ 

6.  Resolutions  Prepared  at  The  Hague,    (1889)    243 

7.  Resolutions  of  the  Conference  at  Berlin,    (1890) 244 

8.  Recommendations    Discussed   at   Zurich,    (1897)    Extract 247 

9.  Program  of  the  Congress  of  Brussels,  (September  27-30,  1897) . .  243 

10.  Statutes   of    the    International    Association    for    the    Legal    Pro- 
tection of  Labor,   (1900) 249 

11.  Resolutions   of   the    First    Delegates'    Meeting    (Basel,   Sept.   27- 

28,  1901)    252 

A.  L'Annuairc  de  legislation  dii  travail  253 

B.  Publication  of  Bulletin 253 

C.  Night-Work  of  Woman   253 

D.  Accident  Statistics    253 

E.  Unhealthful  Industries  using  Lead  and  White  Phosphorus..  253 

F.  Accident  and  Sickness  Insurance  of  Aliens 254 

12.  Resolutions    of   the    Second   Delegates'    Meeting    (Cologne,    Sept. 
23-24,   1902)    254 

A.  Night- Work   of   Women    254 

B.  Use   of   Lead  and   White   Phosphorus    255 

13.  Resolutions  of  the  Committee  Meeting  at  Basel  (SepL  11,  1903)..  255 

A.  White  Phosphorus    255 

B.  Lead  and  Lead  Compounds  256 

C.  Night-Work  of  Women   257 

14.  Resolutions  of   the  Third   Delegates'   Meeting,    (Basel   Sept.  26- 

28,  1904)    258 

I.  International  Protection  of  Laborers    258 

II.  Organization  of  the  Association   258 

III.  Finances  and   International  Labour  Office    259 

235 


CONTENTS  (Continued) 

Exhibit                                                                                                   Page 
IV.  The    Struggle    Against    the    Dangers    of    Occupational 
Poisoning    260 

A.  Lead  and  Lead  Compounds  260 

B.  Industrial   Poisons    260 

C.  Prizes   Offered  to   the  Association    262 

V.  Night-Work  of   Young   Persons    262 

VI.  Home-Work    263 

VII.  Legal  Limitation  of  the  Workday 263 

VIII.  Social  Insurance   264 

15.  Resolutions    of    the    Fourth   Delegates'    Meeting    (Geneva,    Sept. 
27-29,    1906)    264 

I.  International   Conventions    264 

II.  Finances,   International  Labour  Office,   Statutes  of  New 
Sections,  Standing  Orders   264 

III.  Administration  of  Labour  Laws   264 

IV.  Employment  of  Children  265 

V.  Night-Work  of  Young  Persons    265 

VI.  Legal  Maximum  Working  Day  266 

VII.  Home-Work    266 

VIII.  Industrial    Poisons    267 

IX.  Workmen's  Insurance    268 

16.  Resolutions  of  the  Fifth  Delegates'   Meeting    (Lucerne  Sept.  28- 

30,   1908) 269 

I.International   Conventions    269 

II.Finances,  Bulletin,  Staff  Regulations,  Library,  etc 269 

III.  Administration  of  Labour  Laws   271 

IV.  Employment  of  Children   271 

V.  Night-Work   of    Young   Persons 271 

VI.  Maximum  Working  Day   273 

VII.  Home-Work    274 

VIII.  Industrial  Poisons  276 

A.  White  Phosphorus    276 

B.  Lead    276 

1.  Painting  and  Decorating 276 

2.  Ceramic   Industry    277 

3.  Polygraphic  Industry   278 

C.  List  of  Industrial  Poisons   279 

IX.  Working  in  Caissons   279 

X.  Workmen's  Insurance;  Treatment  of  Foreigners  in  case 
of  Accident   279 

17.  Resolutions  of  the  Sixth  Delegates'  Meeting,   (Lugano  Sept.  26- 

28,  1910)    281 

236 


CONTENTS  (ConHnucd) 

Exhibit  Page 

I.  International  Labour  Conventions  of  Berne,  (1906) 282 

II.  New  Sections,  Finances,  Co-operation  with  other  Inter- 
national Associations,    Exhibition   of   Hygiene,   etc 282 

III.  Administration  of   Labour   Laws    283 

IV.  Child  Labour    284 

V.  Night-Work   of    Young   Persons    284 

VI.  Maximum  Working  Day   285 

A.  Ten-hour  Workday  for  Women   285 

B.  Ten-hour  Workday  for  Young  Persons  286 

C.  Ten-hour  Workday  for  Men  in  Textile  Industries...  286 

D.  Workday  in  Continuous  Processes  286 

E.  Eight-hour  Shift  in  Mines   287 

F.  Hours  in  Specially  Dangerous  Industry  287 

VIL  Workmen's  Holidays   288 

VIII.  Home-Work    288 

A.  General    288 

B.  Machine-made  Embroidery    290 

IX.  Industrial    Poisons    290 

A.  White  Phosphorus    290 

B.  Lead    290 

b.  Ceramic  Industry 291 

b.  Germanic  Industry   291 

c.  Polygraphic    Industry    294 

C.  Protection  of  Homeworkers  from  Industrial  Poisons.  297 

D.  List  of  Industrial  Poisons  297 

X.  Work  in  Compressed  Air  297 

A.  Work  in   Caissons    297 

B.  Divers    299 

XI.  The  Protection  of  Railway  Servants  and  Prevention  of 

Accidents.     Automatic  Coupling   299 

XII.  Workmen's  Insurance    299 

18.  Resolutions    of    the    Seventh    Delegates'    Meeting    (Zurich,    Sept. 
10-12,   1912)    300 

1.  Publication  of  Reports 300 

2.  Finances    300 

3.  Bulletin  of  the  International  Labour  Office 301 

4.  New  National   Sections    301 

5.  Co-operation  with  Other  International  Associations 301 

6.  Next  Delegates'  Meeting  302 

7.  International    Conventions    302 

8.  The  Administration  of  International  Labour  Treaties 303 

9.  Child  Labour   303 

10.  Saturday   Half-Holiday    304 

11.  Hours  of  Labour  in  Continuous  Industries  304 

237 


CONTENTS  (Continued) 

Exhibit  Page 

12.  Protection  of  Railroad  Employees  305 

13.  Protection  of  Dock  Workers 306 

14.  Hygienic  Working  Day  306 

15.  Workmen's   Holidays    306 

16.  Legal  Relations  Between  Employers  and  Employed 307 

17.  The  Truck  System  and  deductions  from  Wages 307 

18.  Home   Work    308 

19.  Machine-Made  Swiss  Embroidery   310 

20.  List  of  Industrial  Poisons  311 

21.  Lead    311 

22.  Handling  of  Ferrosilicon    312 

23.  Principles  for  the  Protection  of  Persons  Employed  in  Min- 
ing, the  Construction  of  Tunnels,  Stone  Quarries,  etc.,  on  an 
International    Basis    313 

24.  The  International  Prevention  of  Anthrax  Among  Indus- 
trial Workers  and  of  Mercurial  Poisoning  in  Fur-cutting 
and  Hat-making   314 

25.  Work  in  Caissons    314 

26.  Diving  Operations   314 

27.  Mortality  Among  Working  Classes   314 

28.  Treatment  of  Foreign  Workmen  Under  Insurance  Legisla- 
tion      315 

19.  Vocu   316 

20.  Draft  for  an  International  Convention  Respecting  the  Prohibi- 
tion of  Night-Work  for  Young  Persons  Employed  in  Industrial 
Occupations,   (Sept.  25,  1913)    318 

21.  Draft  for  an  Internatioal  Convention  to  Fix  the  Working  day  for 
Women  and  Young  Persons  Employed  in  Industrial  Occupa- 
tions,  (Sept.  25,  1913)    320 

22.  Constitution  of  the  American  Section  of  the  International  Asso- 
ciation on  Unemployment.     Extract   322 

23.  Constitution  of  the  American  Association  for  Labour  Legislation. .  323 

24.  Justification  of  the  Principle  of  the  Prohibition  of   Night-Work 

of   Women    325 

25.  Report  of  the  United  States  Section  of  the  International  High 
Commission    326 


238 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

EXHIBIT  I. 

Proposals  of  the  Congress  at  Rouhaix  {1884) 

International  legislation  relating  to : 

A. — The  prohibition  of  the  work  of  children  under  fourteen 
years  of  age; 

B. — The  limitation  of  the  work  of  men  and  women ; 

C. — The  prohibition  of  night-work,  excepting,  however,  certain 
cases  determined  by  the  exigencies  of  modern  mechanical  produc- 
tion; 

D. — The  prohibition  of  certain  branches  of  industry  and  of 
certain  modes  of  manufacture  detrimental  to  the  health  of  the 
workers. 

E. — The  establishment  of  an  international  minimum  wage  and 
workday  of  eight  hours. 

(Translation:  L.  Chatelain,  La  protection  inter  national  e  ouv- 
riere,  p.  61.) 

EXHIBIT  2. 
Bill  Before  French  Chamber  {1885). 
The  following  proposition  was  laid  before  the  French  Chamber : 

"Article  i. — The  French  Government  will  reply  favorably  to 
the  proposals  of  the  Swiss  Government  concerning  international 
labor  legislation. 

"Article  2. — The  French  Government  will  assume  the  initiative 
concurrently  with  the  Swiss  Government  in  entering  as  soon  as 
possible  into  the  necessary  negotiations  with  foreign  governments 
with  a  view  to  international  labor  legislation. 

"Article  3. — This  international  law  shall  have  as  its  object: 

"i.  The  prohibition  of  industrial  work  of  children  under  four- 
teen years  of  age ; 

"2.  The  limitation  of  the  work  of  women  and  those  minors, 
who  are  especially  protected  by  law; 

"3.  Measures  of^Jiygiene,  health  and  safety  in  the  shops,  with 
the  purpose  of  safeguarding  the  health,  the  moral  and  physical 
development  and  the  life  of  the  workers ; 

"4.     Protection  and  insurance  against  accidents ; 

"5.     Inspection  of  mills,  factories,  shops  and  yards  (chantiers) 

239 


THE    INTERNATIONAL    PROTECTION    OF    LABOR 

by  inspectors  one-half  of  whose  number  are  to  be  appointed  b}' 
/he  Minister  of  PubHc  Works  and  one-half  chosen  by  the  workers  ; 

"6.  The  establishment  for  adults  of  a  normal,  or  at  least  a 
maximum,  workday; 

"7.     Establishment  of  a  weekly  day  of  rest; 

"8.  The  institution  of  an  international  bureau  of  labor  and 
industrial  statistics,  charged  with  studying  and  proposing  the 
means  of  furthering  and  codifying  international  labor  legislation. 

"Article  4. — A  committee  of  eleven  members  shall  be  appointed 
to  present  a  detailed  plan  of  international  labor  legislation,  after 
having  taken  the  opinion  of  the  different  labor  organizations  of 
France." 

(Translation:  Ihid,,  p.  19.) 

EXHIBIT  3. 

Proposition  Before  the  Reichstag  (1886). 

Proposal  made  with  the  object  of  having  "the  Reichstag  take 
the  resolution : 

"To  call  upon  the  Chancellor  of  the  Empire  to  convoke  a  con- 
ference of  the  principal  industrial  States  for  the  purpose  of 
formulating  the  uniform  basis  of  an  international  agreement  con- 
cerning protective  labor  legislation,  an  agreement  that  would 
establish  for  all  the  States  convened; 

1.  A  workday  not  exceeding  ten  hours,  whatever  the  kind  of 
establishment ; 

2.  The  prohibition  of  night-work  in  every  kind  of  establish- 
ment with  certain  exceptions; 

3.  The  prohibition  of  the  work  of  children  under  fourteen 
years  of  age." 

(Translation:  Ibid.,  p.  44.) 

EXHIBIT  4. 
Proposals  of  the  Swiss  Federal  Council   {i88g). 

1.  Prohibition  of  Sunday  work; 

2.  Establishment  of  a  minimum  age  for  admission  of  children 
to  factories; 

240 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

3.  Establishment  of  a  maximum  workday  for  young  workers ; 

4.  Prohibition  of  the  employment  of  young  people  and  women 
in  operations  particularly  injurious  to  health  and  dangerous; 

5.  Limitation  of  night-work  for  young  persons  and  women; 

6.  Mode  of  executing  the  conventions  that  may  be  concluded. 
(Translation:  Archives  diplomatiques,  1889,  t.  XXX,  p.  78. 

EXHIBIT  5. 
Program  Proposed  by  the  Swiss  Federal  Council  {i88g). 

I.     Prohibition  of  Sunday  Work. 

1.  In  what  measure  is  there  reason  for  restricting  of  Sunday 
work? 

2.  What  are  the  establishments  or  processes  for  which,  by 
their  very  nature,  the  interruption  or  suspension  of  work  is  in- 
admissible and  Sunday  work  should  consequently  be  permitted  f 

3.  Can  some  measures  be  taken  in  these  establishments  or 
processes  for  the  purpose  of  giving  Sunday  rest  to  individual 
workers  ? 

II.  Determination  of  a  Minimum  Age  for  Admission  of  Child- 
ren into  Factories. 

1.  Is  there  occasion  for  the  determination  of  a  minimum  age 
for  admitting  children  into  factories  ? 

2.  Should  the  minimum  age  be  the  same  in  all  countries,  or 
on  the  other  hand  should  it  be  determined  in  relation  to  the 
more  or  less  early  physical  development  of  the  child  according 
to  the  climatic  conditions  of  the  different  countries? 

3.  What  should  be  the  minimum  age  determined  in  either  of 
these  two  cases? 

4.  Can  exceptions  to  the  minimum  age  once  determined,  be 
allowed  if  the  number  of  workdays  is  reduced  or  the  workday 
shortened  ? 

III.  Determination  of  the  Maximum  Workday  for  Young 
Workers. 

1.  Is  it  expedient  to  determine  a  maximum  workday  for 
young  workers? 

Ought  the  hours  of  compulsory  school  instruction  be  included  ? 

2.  Ought  this  maximum  workday  to  be  graded  according  to 
the  different  age  groups? 

241 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

3.  Of  how  many  hours  of  work  (with  or  without  actual  rest 
periods)  ought  the  maximum  workday  to  consist  in  the  one  or 
the  other  case.     (See  i  and  2)  ? 

4.  Between  what  hours  of  the  day  ought  the  time  of  work  to 
be  distributed? 

IV.  Prohibition  of  Employment  of  Young  People  and  Women 
in  Operations  Particularly  Injurious  to  Health  or  Dangerous. 

1.  Is  it  necessary  to  restrict  the  employment  of  young  people 
and  women  in  establishments  particularly  injurious  to  health  or 
dangerous  ? 

2.  Ought  the  persons  of  these  two  categories  to  be  excluded 
from  these  establishments  ? 

Entirely  (young  people  up  to  what  age?),  or  partly  (young 
people  up  to  a  certain  age?    Women  at  certain  times?). 

Or  indeed  ought  the  workday  of  young  persons  and  women 
in  these  operations  to  be  reduced  ? 

What  is  the  minimum  of  the  requirements  to  be  adopted  in  the 
last  two  cases? 

3.  What  are  the  operations  injurious  to  health  or  dangerous, 
to  which  the  above  provisions  ought  to  be  applied  (See  i  and  2)  ? 

V.  Limitation  of  Night- Work  for  Young  Persons  and 
Women. 

1.  Ought  young  persons  to  be  excluded  entirely  or  partially 
from  night- work? 

To  what  age  should  that  exclusion  extend?  Under  what  con- 
ditions can  they  be  partially  admitted? 

2.  Ought  women  without  distinction  of  age  to  be  excluded 
from  night-work? 

In  case  of  admission  is  it  advisable  to  enact  certain  restrictions 
by  law? 

3.  What  are  the  hours  included  within  the  term,  night-work, 
or  in  other  words  when  does  night-work  commence  and  end? 

VI.  Enforcement  of  the  Provisions  Adopted. 

1.  To  what  kinds  of  establishments  (mines,  factories,  shops, 
etc.,  are  the  provisions  adopted  to  be  applicable? 

2.  Should  a  term  be  appointed  for  compliance  with  the  pro- 
visions adopted? 

3.  What  are  the  measures  to  be  taken  for  the  enforcement 
of  the  provisions  adopted? 

242 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

4.  Ought  regularly  recurring  conferences  of  delegates  from 
the  participating  States  to  be  provided  for  ? 

5.  What  tasks  ought  to  be  assigned  to  these  conferences? 
(Translation:  Ibid.,  1890  t.  XXXIII,  p.  372-373.) 

EXHIBIT  6. 

Resolutions  Prepared  at  The  Hague  (i88p). 

1.  It  is  expedient  for  labor  organizations  and  socialist  parties 
both  of  the  Old  World  and  the  New  to  strive  for  international 
labor  legislation  and  to  support  the  Swiss  Republic  in  the  inter- 
governmental conference  called  at  Bern  for  this  purpose ; 

2.  This  international  legislation,  in  order  to  protect  the  exist- 
ence and  liberty  of  labor,  in  order  to  reduce  unemployment,  and 
to  make  the  crises  of  overproduction  of  rare  occurence,  must, 
first  of  all,  take  up  the  following  points : 

A.  Prohibition  of  child  labor  under  fourteen  years  of  age, 
and  the  reduction  of  the  workday  to  six  hours  for  young  people 
between  fourteen  and  eighteen  years  of  age ; 

B.  Limitation  of  the  workday  of  adults  to  eight  hours; 

C.  Compulsory  weekly  rest  or  prohibition  of  the  employment 
of  labor  more  than  six  days  in  seven; 

D.  Prohibition  of  night-work,  except  in  certain  cases  to  be 
determined  in  accordance  with  the  necessities  of  modern  mechani- 
cal production ; 

E.  Prohibition  of  certain  kinds  of  industry  and  of  certain 
methods  of  manufacture  prejudicial  to  the  health  of  the  workers ; 

F.  Establishment  of  an  international  minimum  wage  equal  for 
the  workers  of  both  sexes; 

3.  For  the  enforcement  of  the  above  provisions,  there  shall 
be  appointed  national  and  international  inspectors  chosen  by  the 
workers  and  remunerated  by  the  State ; 

The  election  of  the  international  inspectors  shall  be  notified 
through  diplomatic  channels  and  within  the  space  of  a  month  to 
the  different  contracting  powers. 

These  inspectors,  to  the  number  of per  country  and  ap- 
pointed for years,  shall  have  authority  to  enter  at  all  times 

every  shop,  mill,  factory,  yard  {chantier),  etc.,  to  ascertain  viola- 

243 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

tions,  make  official  report,  and  bring  to  justice  offenders. 

This  control  shall  be  extended  to  home  manufacturing  for  the 
same  reason  of  social  hygiene  for  which  the  right  of  inspection 
has  been  given  to  the  committees  on  unhealthy  dwellings. 

(Translation:  Chatelain,  La  protection  Internationale  ouvrlere, 

p.    21.) 

EXHIBIT  7. 
Resolutions  of  Conference  of  Berlin   (i8po). 

1.  Regulation  of  Work  in  Mines. 

It  is  desirable :  i.  That  the  lower  age  limit  at  which  children  can 
be  admitted  to  underground  works  in  mines  shall  be  progressively 
raised,  in  proportion  as  circumstances  will  allow  it,  to  the  age  of 
fourteen;  for  meridian  (Southern)  countries  that  limit  shall  be 
fixed  at  twelve. 

Underground  work  is  forbidden  to  persons  of  the  feminine  sex. 

2.  In  case  the  character  of  the  mine  does  not  permit  the  re- 
moval of  all  dangers  to  health,  arising  from  conditions  natural 
or  incidental  to  the  operation  of  certain  mines  or  of  certain 
works  connected  with  them,  the  length  of  the  working  day  must 
be  limited. 

To  each  nation  is  left  the  task  of  attaining  this  object  by 
legislative  or  administrative  measures,  or  by  agreement  between 
the  operators  and  workers,  or  in  any  other  way  in  accordance 
with  the  principles  and  practice  of  each  nation. 

3.  A.  That  the  safety  of  the  workers  and  the  salubrity  of 
the  work  shall  be  assured  by  every  means  at  the  disposal  of 
science,  and  placed  under  state  supervision. 

B.  That  the  engineers  charged  with  the  direction  of  the  oper- 
ations, shall  be  exclusively  men  of  experience  and  duly  attested 
technical  competence. 

C.  That  the  relations  between  the  mine  workers  and  the 
mining  engineers  shall  be  as  direct  as  possible  so  as  to  possess  the 
character  of  mutual  confidence  and  respect. 

D.  That  mutual  benefit  societies  shall  be  organized  conform- 
ably to  the  usages  of  each  country,  designed  to  insure  the  mine 
laborer  and  his  family  against  disease,  accidents,  old  age  and 

244 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

death ;  that  institutions  which  can  better  the  lot  of  the  miner  and 
attach  him  to  his  profession,  shall  be  developed  more  and  more. 

E.  That  efforts  toward  the  prevention  of  strikes  may  be  made 
with  the  object  of  guaranteeing  the  continuity  of  coal  production. 

Experience  tends  to  prove  that  the  best  preventive  measure  is 
that  by  which  employers  and  miners  agree  to  arbitrate,  in  every 
case  where  differences  could  not  be  settled  by  a  direct  agreement, 

II.  Regulation  of  Sunday- Work. 

It  is  desirable,  subject  to  necessary  exceptions  and  delays  in 
each  country  that  a  weekly  day  of  rest  be  assured  to  persons 
to  whom  this  protective  legislation  applies;  that  a  day  of  rest 
be  assured  to  all  industrial  workers ;  that  this  day  of  rest  shall 
fall  on  Sunday  for  persons  to  whom  the  protective  legislation 
applies. 

Exceptions  may  be  allowed  for  establishments  which  require 
continuity  of  production  for  technical  reasons,  or  which  furnish 
to  the  public  objects  of  prime  necessity,  which  must  be  manufac- 
tures daily,  also  to  establishments  which,  by  nature,  can  function 
only  in  fixed  seasons,  or  which  depend  upon  the  irregular  action 
of  natural  forces. 

It  is  desirable  that,  even  in  the  establishments  of  this  class, 
each  laborer  shall  have  one  free  Sunday  in  two. 

In  order  that  the  exceptions  may  be  determined  from  similar 
points  of  view,  it  is  desirable  that  the  different  governments 
agree  on  the  manner  of  regulation. 

III.  Regulation  of  Child  Labor. 

It  is  desirable  that  children  of  both  sexes,  under  a  certain  age, 
shall  be  excluded  from  work  in  industrial  establishments;  that 
this  limit  shall  be  fixed  at  twelve  years,  except  for  meridian 
(Southern)  countries  where  the  limit  may  be  ten  years ;  that  these 
limits  shall  be  the  same  for  all  industrial  establishments  without 
discrimination ;  that  the  children  shall  have  first  satisfied  require- 
ments of  elementary  instruction ;  that  children  under  fourteen 
shall  work  neither  at  night  nor  on  Sunday;  that  their  actual  work 
shall  not  exceed  six  hours  per  day  and  shall  be  broken  by  a  rest 
of  at  least  one-half  hour;  that  children  shall  be  excluded  from 
unhealthy  or  dangerous  occupations,  or  else  be  admitted  only 
under  certain  protective  conditions. 

245 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

IV.  Regulation  of  the  Work  of  Young  Persons. 

It  is  desirable  that  young  workers  of  both  sexes  between  four- 
teen and  sixteen  years  of  age  shall  not  work  either  at  night  or  on 
Sunday;  that  their  actual  work  shall  not  exceed  ten  hours  per 
day  and  shall  be  broken  by  a  rest  of  at  least  one  and  one-half 
hours'  duration;  that  exceptions  shall  be  permitted  for  certain 
industries. 

That  restrictions  shall  be  provided  for  operations  particularly 
unhealthful  or  dangerous. 

That  protection  shall  be  assured  to  young  boys  between  sixteen 
and  eighteen  years  of  age  in  that  which  concerns  the  maximum 
workday,  night-work,  Sunday  work,  employment  in  occupations 
particularly  unhealthful  or  dangerous. 

V.  Regulation  of  Women's  Work. 

It  is  desirable  that  girls  and  women  shall  not  work  at  night. 

That  their  actual  work  shall  not  exceed  eleven  hours  during 
the  day  and  shall  be  interrupted  by  a  rest  of  at  least  one  and 
one-half  hours'  duration. 

That  exceptions  shall  be  permitted  in  certain  industries  and 
that  restrictions  shall  be  provided  for  occupations  particularly  un- 
healthful or  dangerous. 

That  lying-in  women  shall  not  be  admitted  to  work  within 
four  weeks  after  their  delivery. 

VI.  Enforcement  of  the  Provisions  Adopted  by  the  Confer- 
ence. 

In  cases  where  the  governments  wish  to  give  effect  to  the  acts 
of  the  Conference,  the  following  provisions  are  recommended: 

That  the  enforcement  of  the  measures  undertaken  in  each 
State  shall  be  supervised  by  a  sufficient  number  of  specially  quali- 
fied officials  appointed  by  the  government  and  independent  of  the 
employers  and  also  workers. 

The  annual  reports  of  these  officials,  published  by  the  govern- 
ments of  the  different  countries,  shall  be  communicated  to  the 
other  governments.  Each  State  shall  publish  periodically,  in 
so  far  as  possible  in  similar  form,  statistical  abstracts. 

As  to  the  questions  discussed  at  the  Conference,  the  participat- 
ing States  shall  exchange  between  themselves  the  statistical  ab 
stracts,  bearing  on  those  questions  as  well  as  the  text  of  the  regu- 

246 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

lations  decreed  by  legislative  or  administrative  action,  and  havi.g 
reference  to  the  questions  discussed  at  the  Conference. 

It  is  desirable  that  another  Conference  of  the  States  shall  take 
place  in  the  future,  and  that  the  States  shall  then  communicate 
to  each  other  the  experience  gained  as  a  result  of  the  present  Con- 
ference in  order  to  be  able  to  make  any  changes  or  improvements. 

The  undersigned  submit  these  resolutions  to  their  respective 
governments,  subject  to  the  reservations  and  with  the  observations 
made  in  the  sessions  of  the  27th  and  28th  of  March  and  recorded 
in  the  minutes  of  those  sessions. 

Berlin,  March  29,  1890. 

Translation:  Archiv.  dipl.,  1890,  t.  XXXV,  p.  175-178.) 

EXHIBIT  8. 
Recommendations  Discussed  at  the  Congress  of  Zurich  (1897.) 

(Extract) 

I.  Inspection  inclusive  of  large  and  small  industrial  establish- 
ments, mines,  transportation,  business,  home  work  and  agricul- 
tural establishments  which  employ  machinery,  by  independant 
officials  selected,  more  than  in  the  past,  from  experts.  These 
inspectors  shall  have  workers  as  their  assistants  and  be  numerous 
enough  to  be  able  to  inspect  each  establishment  every  six  months. 
Special  inspectors  must  be  provided  for  agriculture. 

The  enforcement  of  the  regulations  relating  to  woman's  work 
shall  be  exercised  by  women  inspectors  paid  by  the  State  and 
chosen  in  part  from  the  working  women. 

II.  Absolute  right  of  organization  for  all  manual  workers  and 
other  kinds  of  employees  of  the  two  sexes,  especially  official 
recognition  of  all  the  offices  and  committees,  established  by  the 
workers  for  the  control  of  labor  protection.  Likewise  recognition 
of  trade  unions  and  law  of  control. 

Violation  of  the  right  of  organization  is  punishable. 

III.  Introduction  of  universal  suffrage,  equal,  direct  and 
secret,  for  election  to  all  representative  bodies,  in  order  to  insure 
a  more  genuine  influence  of  the  labor  class  upon  all  Parliaments. 

IV.  Active  propaganda  by  trade  unions  and  political  organi- 

247 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

zations  by  means  of  lectures,  pamphlets,  meetings,  journals,  and 
above  all,  parliamentary  action. 

V.  Organization  of  periodical  international  Congresses;  pre- 
sentation of  similar  bills  at  the  same  time  to  different  legislatures. 

(Translation:  Chatelain,  La  proteition  international e  ouvriere, 
p.  80-81.) 

EXHIBIT  9. 
Program  of  the  Congress  of  Brussels  {Sept.  sy-^o,  i89y). 

The  program  submitted  to  the  deliberations  of  the  Congress 
(Brussels  1897)  contains  many  questions:  i.  Question:  Evo- 
lution of  labor  legislation  in  the  different  countries  since  the  Con- 
ference of  Berlin. 

"What  modifications  has  protective  labor  legislation  undergone 
in  each  country  since  the  Conference  of  Berlin? 

"What  is  the  respective  situation  of  the  different  industrial 
States  in  regard  to  the  resolutions  taken  by  the  Conference  on 
child  labor,  w^ork  of  young  persons,  work  of  women  and  work  in 
mines  ?" 

2.  Question:  Regulation  of  work  of  Adults. 

"Ought  male  workers  and  adults  to  be  subjected  to  a  protective 
regime?  Especially,  ought  the  law  to  limit  in  a  general  manner 
the  length  of  their  work  ? 

3.  Question:  International  Protection. 

"Is  international  protection  of  laborers  possible  and  desirable? 
In  what  measure  and  under  what  form  ?" 

4.  Question :  Home  Work. 

"Is  it  feasible  to  regulate  labor  conditions  in  small  industry 
and  in  home  work?  If  so,  what  should  be  the  practical  measures 
to  be  recommended?" 

5.  Question:  Dangerous  Industries. 

"Is  it  expedient  and  desirable  that  special  regulations  which 
are  imposed  in  many  countries  upon  dangerous  industries  should 
be  put  into  operation  concurrently  in  all  industrial  states?" 

6.  Question:  Labor  Inspection. 

"What  are  the  proper  means  of  insuring  the  best  enforcement 
of  protective  labor  laws,  in  particular  what  ought  to  be  the  rights 
and  duties  of  factory  inspectors  ?" 

248 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

7.     Question:  International  Labor  Statistics. 

"Is  it  desirable  that  international  reports  be  instituted  between 
the  labor  offices  and  that  international  labor  statistics  be  com- 
piled?" 

(Translation: /6jU,  p.  83-84.) 

EXHIBIT  10. 

Statutes  of  the  International  Association  for  the  Legal  Protection 

of  Labor. 

(i)  There  is  hereby  organized  an  international  association 
for  the  legal  protection  of  labor.  The  seat  of  the  association  is  in 
Switzerland. 

(2)     This  association  has  for  its  object: 

1.  The  bringing  together  of  those  who  in  the  different  indus- 
trial countries  consider  protective  legislation  of  working  people 
as  necessary. 

2.  The  organization  of  an  international  labor  office  which  will 
have  for  its  mission  the  publication,  in  French,  German,  and 
English,  of  a  periodical  collection  of  the  labor  legislation  in  all 
countries,  or  to  lend  its  cooperation  to  such  a  publication. 

This  collection  will  comprise: 

(a)  The  text  of  a  resume  of  all  laws,  regulations,  and  decrees 
in  force  relating  to  the  protection  of  the  working  people  in  gen- 
eral, particularly  woman  and  child  labor,  the  limitation  of  the 
hours  of  labor  of  male  workers  and  adults,  Sunday  rest,  periodical 
repose,  dangerous  industries; 

(b)  An  historical  summary  of  these  laws  and  regulations; 

(c)  A  resume  of  official  reports  and  documents  concerning 
the  interpretation  and  execution  of  these  laws  and  decrees. 

3.  To  facilitate  the  study  of  labor  legislation  in  the  various 
countries,  and  especially  to  furnish  to  members  of  the  association 
information  regarding  the  legislation  in  force  and  its  application 
in  the  several  States. 

4.  To  further,  by  the  preparation  of  memoirs  and  otherwise, 
the  study  of  the  question  of  the  concordance  of  the  various  pro- 
tective labor  laws,  as  well  as  that  of  international  statistics  of 
labor. 

249 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

5.  To  convoke  the  international  congresses  on  labor  legisla- 
tion. 

(3)  The  association  is  composed  of  all  persons  and  societies 
(other  than  the  national  sections)  who  adhere  to  the  object  of  the 
association,  as  indicated  in  articles  i  and  2,  and  who  remit  to  the 
treasurer  an  annual  contribution  of  10  francs  ($1.93.). 

(4)  Any  member  who  by  the  end  of  one  year  has  neglected 
or  refused  to  pay  his  dues  will  be  considered  as  having  resigned. 

(5)  The  members  have  a  right  to  the  publications  to  be  issued 
by  the  association. 

They  also  have  the  right  to  receive  gratuitously  from  the 
bureau  the  results  of  inquiries  that  may  have  been  instituted,  and 
conformably  to  special  regulations,  such  information  as  may 
come  within  the  competence  of  this  bureau. 

(6)  The  association  is  under  the  direction  of  a  committee 
composed  of  members  belonging  to  the  various  States  admitted 
to  representation  thereon. 

(7)  Each  State  will  be  represented  on  the  committee  by 
six  members,  as  soon  as  50  of  its  citizens  will  have  joined  the 
association. 

After  that,  each  new  group  of  fifty  members  will  be  entitled  to 
one  additional  seat,  the  total  number  of  members  of  the  commit- 
tee from  any  State  not  to  exceed  ten. 

The  governments  will  be  invited  to  designate  one  delegate 
each,  who  will  have  the  same  rights  in  the  committee  as  the  other 
members. 

(8)  The  duration  of  the  terms  of  members  of  the  committee 
is  not  limited,  and  the  committee  is  recruited  by  cooptation. 

The  election  of  new  members  of  the  committee  to  replace  those 
who  have  died  or  resigned  will  take  place  upon  the  nomination 
of  the  members  belonging,  respectively,  to  the  States  having 
a  right  to  the  representation. 

The  vote  is  by  secret  ballot,  at  a  meeting  of  the  committee, 
the  notice  of  which  will  contain  an  indication  of  the  candidates 
presented.  The  members  who  do  not  attend  this  meeting  may 
send  their  votes  to  the  president  in  a  sealed  envelope. 

(9)  The  committee  is  competent  to  pass  any  resolutions  need- 
ful for  the  accomplishment  of  the  object  of  the  association.     It 

250 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

shall  meet  in  a  general  assembly  at  least  once  every  two  years. 
It  may  be  convoked  by  the  bureau,  whenever  the  latter  judges 
it  necessary  or  when  at  least  hfteen  members  of  the  committee 
request  it. 

The  choice  of  the  meeting  place  will  be  made  by  the  consulta- 
tion in  writing  of  all  the  members  of  the  committee,  by  the  secre- 
tary-general, within  a  time  fixed  by  the  bureau. 

( lo)  The  committee  elects  from  among  its  members  a  bureau 
composed  of  a  president,  a  vice-president,  and  a  secretary-gen- 
eral ;  The  committee  also  appoints  the  treasurer  of  the  association. 

(ii)  The  mission  of  the  bureau  is  to  take  the  steps  necessary 
for  the  execution  of  the  resolutions  of  the  committee.  It  man- 
ages the  funds  of  the  association.  It  makes  each  year  a  report  to 
the  committee  of  the  administration  of  its  affairs.  It  appoints 
the  clerks  and  other  persons  necessary  for  the  work  of  the 
association.  It  places  itself  in  communication,  in  all  industrial 
States,  with  specialists  and  other  competent  persons  disposed  to 
furnish  information  regarding  the  labor  laws  and  their  applica- 
tion. These  persons  receive  the  title  of  correspondents  of  the  as- 
sociation. 

(12)  The  secretary-general  has  charge  of  the  correspondence 
of  the  association,  of  the  committee,  and  of  the  bureau,  as  well  as 
of  the  publications  and  of  the  information  service. 

(13)  The  treasurer  receives  the  dues  and  has  charge  of  the 
funds.    He  makes  no  payments  without  the  visa  of  the  president. 

(14)  A  national  section  of  the  association  may  be  formed  in 
a  country,  on  condition  that  it  has  at  least  50  members  and  pays 
into  the  treasury  of  the  association  an  annual  contribution  of  at 
least  1,000  francs  ($193).  The  statutes  of  such  a  section  must 
be  aproved  by  the  committee. 

Such  a  section  has  the  right  to  provide  for  the  vacancies  which 
occur  on  the  committee  from  among  the  representatives  of  its 
country. 

The  members  of  a  national  section  have  the  same  rights  as 
those  of  the  association,  with  the  reservation  that  the  publica- 
tions to  be  furnished  them  by  the  association,  as  well  as  the 
representation  on  the  committee,  will  be  proportionate  to  its 
annual  contributions. 

251 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

(15)  The  present  statutes  can  not  be  revised,  either  wholly  or 
in  part,  except  at  a  meeting  of  the  committee,  and  then  only  by 
a  two-thirds  majority  of  the  members  present,  and  when  the 
proposition  of  revision  has  been  inserted  in  the  notice  of  meeting. 

{Bulletin  of  the  Bureau  of  Labor.  No.  54  Sept.  1904.  Wash- 
ington, pp.  1081-1082.) 

EXHIBIT  II. 

Resolutions  of  the  First  Delegates'  Meeting  {Basel,  Sept.  27-28, 

1901). 


I.  a.  The  statutes  of  all  the  sections  have  been  approved  and 
the  sections  recognized  by  the  Association. 

b.  Note  has  been  made  of  the  Constitution  of  the  Italian  sec- 
tion which  conforms  to  the  Constitution  (Statutes)  of  the  Inter- 
national Association. 

II.  The  Bureau  of  the  International  Association  has  been 
asked  to  investigate  the  manner  in  which  Articles  7  and  14  of 
the  Statutes  of  the  Association  could  be  revised. 

III.  The  Bureau  of  the  International  Association  has  been 
asked  to  take  up  with  the  Committee  the  question  of  determining 
the  treatment  to  be  accorded  a  proposition  of  Mr.  Caroll  Wright 
requesting  that  each  labor  bureau  of  the  United  States  be  repre- 
sented by  a  delegate  with  consultative  authority  on  the  Interna- 
tional Committee. 

B. 

I.  The  President  has  been  invited  to  express  in  the  form  that 
seems  to  him  appropriate,  to  the  Governments  of  the  Swiss  Con- 
federation, the  French  Republic,  the  Kingdoms  of  Italy  and  Hol- 
land, and  the  Canton  of  Basle  the  thanks  of  the  Association;  by 
granting  subventions,  by  delegating  official  representatives,  by 
furnishing  quarters  ,these  Grovernments  have  aided  very  notably 
in  the  creation  of  the  International  Labor  Office.  The  Constit- 
uent Assembly  desires  also  to  extend  its  thanks  to  all  persons 
who  have  aided  in  its  work,  as  well  as  to  che  press  which  has 
been  favorable  to  it. 

252 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

II.  The  Assembly  deems  the  report  of  Professor  Bauer,  Di- 
rector of  the  International  Office,  upon  the  purpose  of  that  Office, 
very  interesting  as  an  expression  of  his  personal  opinions.  It 
congratulates  Mr.  Bauer,  but  it  calls  attention  expressly  to  the 
fact  that,  according  to  the  Statutes  of  the  Association,  the  activi- 
ties of  the  International  Labor  Office  should  be  confined  to  in- 
vestigatoins  of  a  purely  scientific  order.  This  being  granted,  the 
Assembly  proposes  to  determine  acordingly  the  nature  of  the  more 
■immediate  activities  of  the  International  Office,  activities  that 
must  be  undertaken  gradually  to  the  extent  that  the  resources  of 
the  Office  will  permit. 

A.  Negotiations  with  Belgium  for  the  publication  and  distri- 
bution of  the  L'A^imiaire  de  legislation  du  travail. 

B.  Publication  of  a  Bulletin  containing: 

1.  In  one  of  the  first  numbers  the  titles  and  purposes  of 
protective  labor  laws  in  each  country,  indicating  the  sources 
where  the  complete  text  can  be  found. 

2.  A  table  of  parliamentary  action  relating  to  protective  labor 
legislation  in  the  different  countries. 

3.  The  resolutions  of  congresses,  and  especially  associational 
congresses,  national  and  international,  relative  to  the  protection 
of  labor. 

4.  As  far  as  available,  the  texts  and  analyses  of  new  laws  and 
regulations  promulgated  for  the  protection  of  labor. 

5.  A  bibliography  of  official  publications  and  of  private  publi- 
cations of  a  documentary  nature,  relating  to  the  legal  protection  of 
labor  and  to  labor  statistics,  indicating  the  title,  contents,  size, 
price,  and  publisher. 

C.  Investigations  as  to  the  actual  condition  and  effect  of 
night-work  of  women  in  the  different  countries,  as  well  as  the 
results  obtained  in  the  industries  where  night-work  has  been 
suppressed.  The  report  shall  distinguish  the  differences  existing 
in  the  definition  of  night  hours  in  the  different  countries  and  the 
consequences  which  ensue. 

D.  Establishment  of  a  uniform  form  for  industrial  accident 
statistics  in  the  different  countries. 

E.  Investigations  as  to  the  degree  of  unhealthfulness  and  the 
actual    legislation    pertaining    to    unhealthful    industries,     and 

253 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

especially  as  to:  i.  those  which  manufacture  or  use  lead  colors; 
2.  those  which  manufacture  or  use  white  phosphorus. 

F.  Comparative  investigations  of  the  legislation  of  different 
countries  concerning  accident  insurance  and  sickness  insurance 
and  civil  responsibility  with  reference  to  persons  who  work  in  a 
country  other  than  that  which  is  the  home  of  their  family. 

III.  In  general,  information  concerning  the  protection  of  labor 
shall  be  furnished  gratuitously  to  Governments ;  it  shall  be  given 
gratuitously  to  private  individuals  only  when  the  latter  shall  be- 
long to  one  of  the  national  sections  or  to  the  International  Asso- 
ciation. 

IV.  The  Assembly  recommends  that  the  sections  encourage 
and  facilitate  in  every  way  relations  between  the  Labor  Office  and 
workingmen's  and  employers'  Associations,  To  this  end,  the 
most  effective  means  will  be  to  furnish  the  Labor  Office  the 
addresses  of  these  Associations.  The  sections  can  also  address 
circulars  to  them  inviting  them  to  send  their  printed  documents 
to  the  International  Office. 

V.  The  Assembly  also  proposes  that  the  investigations  indi- 
cated under  headings  C  D  E  and  if  possible,  F,  serve  as  the 
basis  for  the  deliberations  and  conclusions  of  the  next  meeting 
of  the  International  Association,  which  will  take  place  at  Cologne 
in  September,  1902. 

(Translation:  Publications  de  I' Association  internationale  pour 
la  protectional  legale  des  travailleurs.    No.  i.  p.  131  and  133.) 

EXHIBIT  12. 
Resolutions  of  the  Second  Delegates'  Meeting  {Cologne,  Sept. 

23-24,  1902.) 

The  resolutions  were  as  follows : 

I.  "The  condition  of  legislation  on  the  night-work  of  women 
in  the  majority  of  the  large  industrial  States,  and,  as  proved  by 
the  reports  published  by  the  sections,  the  influence  of  that  legisla- 
tion on  the  state  of  industry  in  general  and  on  that  of  different 
enterprises  and  laborers  in  particular,  justify  the  absolute  prohi- 
bition in  principle  of  the  night-work  of  women.  The  international 
Committee  instructs  a  Commision  to  investigate  the  means  of  in- 
troducing that  general  prohibition  and  of  examining  how  the  ex- 

254 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

cepuons  that  exist  may  be  gradually  suppressed.  This  commission 
shall  make  its  report  within  two  years.  Each  national  section  has 
the  right  to  appoint  two  delegates  on  the  Commission.  The 
Commission  shall  call  into  consultation  competent  persons  se- 
lected from  among  workmen  and  employers.  The  governments 
shall  be  notified  in  sufficient  time  of  the  meetings  of  the  Commis- 
sion in  order  that  they  may  be  represented. 

II.  "The  dangers  that  the  handling  and  use  of  white  phos- 
phorus and  lead  present  to  the  health  of  the  workers  being  par- 
ticularly serious  there  is  urgent  need  for  the  institution  of  a  com- 
mission charged  with  the  investigation  of  the  ways  and  means 
adapted  to  the  elimination  of  those  dangers  and  of  bringing 
about  by  international  agreement  the  general  prohibition  of  white 
phosphorus  and  the  suppression  in  as  far  as  possible  of  the  use 
of  white  lead. 

"This  task  shall  devolve  upon  the  commission  charged  to  report 
upon  the  first  proposition. 

"The  international  Committee  will  immediately  start  proceed- 
ings through  the  agency  of  its  bureau  with  governments  and 
communal  authorities  to  the  end  that  the  use  of  ceruse  may  be 
prohibited  in  the  works  of  the  State,  the  cities  and  townships." 

(Translation:  Ibid.,  No.  2,  p.  45.) 

EXHIBIT  13 

Resolutions   of   the   Commission   Meeting  at  Basel    {Sept.    11, 

1903)- 

A.  Prohibition  of  the  Use  of  White  Phosphorus  in  the  Match 
Industry. 

I.  In  execution  of  the  tasks  delivered  to  it  at  Cologne  by  the 
International  Association  for  the  Legal  Protection  of  Labor,  the 
Commission  calls  upon  the  Bureau  to  request  of  the  Federal  Coun- 
cil of  the  Swiss  Confederation  its  good  offices  in  initiating  an  in- 
ternational Conference  having  for  its  aim  the  prohibition  by  means 
of  an  international  Convention  of  the  use  of  white  phosphorus 
in  the  match  industry. 

II.  The  Bureau  in  co-operation  with  a  subcommittee  shall, 
before  March  i,  1904,  send  to  the  different  governments  an  ex- 
planatory memorandum  of  the  question  of  white  phosphorus;  it 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

shall  send  that  memorandum  to  the  governments  represented  upon 
the  Committee  through  the  agency  of  their  respective  delegates. 
The  memorandum  shall  be  addressed  directly  to  the  other  govern- 
ments by  the  Bureau. 

B.  Lead  and  Lead  Colors. 

I.  The  Commission  thinks  that  it  is  not  necessary  to  resort  to 
international  agreements  in  the  matter  of  the  use  of  ceruse  in  the 
painting  trade. 

It  is  of  opinion  that  this  question  does  not  raise  any  serious  dif- 
ficulty with  reference  to  international  competition  and  that  the 
more  general  regulation  relative  to  lead  and  its  compounds  would 
be  more  profitably  the  object  of  an  international  conference. 

n.  The  Commission  is  of  the  opinion  that  it  is  advisable  for 
the  Bureau  and  the  national  sections  to  pursue  energetically  in 
each  country  the  prohibition  of  the  use  of  white  lead  in  public 
and  private  painting  works.  The  national  sections  are  invited  to 
send  to  the  Bureau  before  March  i,  1904,  a  report  on  the  measures 
they  have  taken  for  the  purpose  of  bringing  about  the  suppression 
of  the  use  of  white  lead  in  painting.  The  Bureau  shall  give  an 
account  at  the  next  meeting  of  the  Committee  of  the  measures 
that  have  been  taken  up  with  the  governments. 

III.  The  Commission  charges  the  Bureau  of  the  International 
Association  to  invite  the  sections  to  take  up  measures  with  their 
governments  as  soon  as  possible  by  setting  forth  the  facts  as  to 
the  number  of  establishments  in  which  cases  of  lead  poisoning 
have  been  discovered  and  presenting  the  data  collected  in  the 
different  countries  by  the  International  Labor  Ofiice,  in  order 
that: 

(i)  The  necessary  investigations  may  be  made  in  order  to 
ascertain  completely  the  present  condition  of  affairs.  (2)  If  in 
spite  of  scientific  research  for  the  discovery  of  innocuous  substi- 
tutes, the  prohibition  of  the  use  of  lead  seems  impossible,  the 
dangers  which  threaten  the  health  of  the  workers  may  be  elimi- 
nated or  at  least  diminished  in  so  far  as  possible  by  the  rigorous 
application  of  the  special  regulations  already  existent  or  by  the 
promulgation  of  new  protective  regulations  for  each  of  the 
different  categories  of  industry  that  manufacture  or  use  lead  or 
its  compounds. 

256 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

The  question  of  lead  in  its  entirely  must  be  placed  upon  the 
program  of  the  next  meeting  of  the  Committee  in  order  that  the 
ways  and  means  may  be  considered  to  introduce  the  improvements 
which  have  been  recognized  to  be  possible. 

C.  Prohibition  of  the  Night-Work  of  Women  Employed  Out- 
side of  Their  Home. 

I.  In  compliance  with  order  given  to  it  at  Cologne  by  the 
International  Association  for  the  Legal  Protection  of  Labor,  the 
Commission  calls  upon  the  Bureau  to  request  of  the  Federal 
Council  of  the  Swiss  Confederation  its  good  offices  in  initiating 
an  international  conference  having  for  its  aim  the  prohibition  by 
means  of  an  international  convention  of  night-work  of  women  in 
industry. 

II.  The  Bureau  in  co-operation  with  a  subcommission  shall, 
before  March  i,  1904,  send  to  the  different  Governments  a  memo- 
randum on  the  question  of  night-work  of  women;  it  shall  send 
that  memorandum  to  the  government  represented  on  the  Com- 
mittee through  their  respective  delegates.  The  memorandum  shall 
be  addressed  directly  to  the  other  governments  by  the  Bureau. 

That  memorandum  shall  definitely  state  that  the  prohibition  of 
night-work  of  women  ought  to  insure  to  all  working  women  em- 
ployed in  an  industrial  establishment,  that  is  outside  of  their  home, 
a  rest  of  twelve  consecutive  hours  between  evening  and  morning. 
In  case  the  immediate  introduction  of  night-rest  of  twelve  hours' 
duration  presents  difficulties,  the  period  of  night-rest  may  be 
fixed  at  ten  hours  for  a  period  of  transition.  The  memorandum 
shall  explain  the  different  resolutions  adopted  by  the  Commission. 

1.  Exceptions  may  be  provided  in  case  of  imminent  or  actual 
accident. 

2.  Women  assigned  to  work  upon  materials  subjected  to  very 
rapid  deterioration,  as,  for  example,  in  fish  and  certain  fruit  in- 
dustries, may  be  allowed  to  work  at  night  on  each  occasion 
when  it  is  necessary  in  order  to  save  the  materials  from  other- 
wise tmavoidable  loss. 

3.  Seasonal  industries  and  those  whose  needs  are  similar 
shall  find,  in  the  transitional  provision  prescribing  a  night's  rest  of 
ten  hours,  the  additional  hours  for  work  of  which  they  may 
be  in  need  in  their  present  state  of  organization. 

257 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

4.     Periods  of  time  may  be  set  within  which  to  bring  about 
the  realization  of  these  reforms. 
(Translation :  Ibid.,  No.  3.  p.  6-8.  ) 

EXHIBIT  14 

Resolutions  of  the  Third  Delegates'  Meeting  (Basel,  Sept.  26-28, 

1904). 

I.     International  Protection  of  Laborers. 

1.  The  Committee  of  the  International  Association  notes  with 
satisfaction  the  work  of  the  special  Commission  and  approves  the 
acts  inspired  by  it  and  executed  by  the  Bureau. 

2.  The  Bureau  of  the  International  Association  is  instructed  to 
express  to  the  High  Swiss  Federal  Council  its  profound  appre- 
ciation of  the  Council's  intention  to  comply  with  its  request  and 
convoke  an  international  conference  for  the  legal  protection  of 
workers. 

3.  The  Bureau  of  the  International  Association  is  instructed 
to  express  the  gratitude  of  the  Association  to  the  High  Gov- 
ernments of  the  French  Republic  and  the  Kingdom  of  Italy  which, 
by  the  conclusion  of  a  protective  labor  Treaty,  have  taken  an 
initiative  that  will  promote  the  international  protection  of  labor. 

These  letters  shall  be  signed  also  by  the  Presidents  of  the  sec- 
tions. 

II.     Organization  of  the  Association. 

1.  The  statutes  of  the  Swiss  section  are  approved  in  their 
present  form. 

2.  Each  of  the  sections  of  the  International  Association  for 
the  Legal  Protection  of  Labor  shall  appoint  one  of  its  members, 
or  a  special  Committee,  instructed  to  work,  either  with  the 
Bureau  of  the  International  Association,  or  independently  of  it, 
for  the  foundation  of  sections  in  sympathy  with  the  principles  of 
the  International  Association  in  the  countries  that  are  not  yet 
represented  in  the  Association,  and  for  the  carrying  on  of  propa- 
ganda through  the  press. 

The  sections  shall  notify  the  Bureau  of  the  International  As- 
sociation of  the  persons  designated,  or  the  appointments  made 
in  pursuance  of  the  preceding  paragraph. 

258 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

The  sections  shall  present  to  each  of  the  general  Assemblies  a 
report  on  their  activities  in  the  matter  of  propaganda. 

3.  The  Bureau  of  the  International  Association  is  instructed 
to  consult  with  the  sections  and  governments  in  due  time  for  the 
purpose  of  determining  the  place  and  exact  date  of  the  next 
General  Assembly  of  the  Committee. 

III.     Finances  and  International  Labor  Office. 

1.  After  having  verified  the  accounts  of  the  year  1902- 1903, 
the  General  Assembly  discharges  the  Bureau  of  the  International 
Association  of  its  obligations  for  these  two  years. 

2.  Beginning  with  the  year  1905,  a  single  budget  shall  be 
made  out  for  each  year:  that  of  the  International  Association; 
in  this  the  budget  of  the  International  Office  shall  constitute  a 
separate  chapter.  The  proposed  budget  shall  be  submitted  each 
year  for  the  approval  of  the  Presidents  of  the  Sections  before 
becoming  final. 

3.  (a)  The  Sections  assume  the  obligation  of  printing  at  their 
own  expense  the  reports  which  they  present  to  the  general  as- 
semblies and  of  furnishing  gratuitously  115  copies  to  the  Bureau 
of  the  Association. 

(b)  The  Sections  of  the  countries  whose  governments  do  not 
yet  grant  any  subvention  to  the  Association  or  at  least  the  sub- 
vention designated  in  the  budget,  are  under  obligation  to  take 
proceedings  before  their  respective  governments  in  order  to  in- 
duce the  latter  to  grant  to  the  International  Association  the  annual 
subventions  designated  in  their  budget. 

(c)  The  Sections  pledge  themselves  to  make  all  possible  effort 
to  insure  a  wider  sale  of  the  Bulletin,  and  in  particular  to  insti- 
tute proceedings  with  their  governments  and  communal  authorities 
in  order  that  the  latter  may  recommend  to  public  administrations 
subscription  to  the  Bulletin. 

4.  In  spite  of  the  measures  to  be  taken  by  the  sections, 
(see  3a  to  c)  the  present  financial  situation  of  the  Association  is 
such  as  to  seriously  endanger  the  regular  functioning  of  the 
International  Labor  Office  in  as  much  as  the  receipts  are  out  of  all 
proportion  to  the  high  expenses  resulting  from  the  activities  in 
the  preparation  of  international  labor  protection.  In  view  of  these 
facts,  the  Assembly  calls  upon  the  governmental  representatives 

259 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

present  to  inform  their  respective  governments  of  the  present 
financial  situation,  with  or  without  prehminary  agreement,  in 
order  that  they  may  increase  their  regular  subventions. 

5.  The  General  Assembly  approves  the  proposed  budget  for 
the  year,  1905,  as  modified  by  the  Committee. 

6.  The  Association  notes  with  satisfaction  the  report  of  the 
International  Labor  Office.  It  thanks  the  officials  of  that  office 
for  their  devoted  and  zealous  services. 

IV.  The  Struggle  Against  the  Dangers  of  Occupational  Poi- 
soning. 

A.  Lead  and  Lead  Compounds. 

1.  The  question  of  lead  ought  to  be  studied  separately  for 
each  group  of  industries  of  certain  importance  manufacturing  or 
using  lead,  such  as:  Shops  manufacturing  lead  and  zinc,  manu- 
factories of  lead  colors,  ceramic  and  painting  industries,  manu- 
factories of  electric  accumulators,  polygraphic  industries,  plumb- 
ing, file  cutting  and  cutting  of  precious  stones,  dyeing,  etc.,  etc. 
New  investigations  should  be  made  if  there  is  need  in  order 
that  there  may  be  prescribed  for  each  of  these  industries  the 
special  protective  regulations  necessary,  or  that  certain  uses  of 
lead  or  of  its  compounds  may  even  be  prohibited. 

A  committee  shall  be  instructed  to  study  separately  the  different 
groups  of  dangerous  industries,  to  draw  up  the  practical  con- 
clusions of  its  studies,  and  then  to  frame  standard  regulations. 
It  shall  submit  to  the  Bureau  the  results  of  its  work  as  soon 
as  completed  for  each  group  of  industry. 

2.  As  regards  the  use  of  white  lead  in  the  painting  industry, 
the  Association  supports  without  modification  the  recommenda- 
tion already  adopted  in  favor  of  the  suppression  of  the  use  of 
this  material  in  all  works  where  other  substances  can  be  used 
in  its  place.  It  furthermore  thinks  that  strict  regulations  must, 
of  necessity,  be  enacted  where  its  suppression  has  not  yet  been 
obtained. 

3.  The  Association  decrees  that  the  Bureau  shall  distribute 
to  the  Sections  as  soon  as  possible  the  report  by  which  Mr.  de 
Vooys  undertakes  to  show  that  the  use  of  lead  glazes  can  be 
dispensed  with  in  the  ceramic  industry. 

B.  Industrial  Poisons. 

260 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

(a)  The  Bureau  is  instructed  to  secure,  in  the  most  suitable 
way,  the  adoption  of  the  following  fundamental  principles  for 
combatting  in  a  systematic  manner  the  dangers  of  industrial  poi- 
soning. 

1.  It  shall  be  the  duty  of  the  medical  practitioners  and  hos- 
pital administrations  to  bring  to  the  attention  of  the  competent 
authorities  the  cases  of  industrial  poisoning  designated  by  ad- 
ministrative regulations. 

The  physicians  shall  be  remunerated  for  the  service  rendered. 

2.  In  cases  where  the  law  will  require  the  attendance  of 
physicians  upon  an  establishment,  it  is  important  that  the  phy- 
sician of  these  establishments  which  manufacture  or  use  indus- 
trial poisons  shall  be  absolutely  independent  of  the  employers  of 
these  establishments. 

3.  The  establishments  manufacturing  or  employing  indus- 
trial poisons  must  be  declared  as  such  by  the  heads  of  the 
establishment.  That  declaration  must  contain  an  enumeration  of 
the  poisons  manufactured  or  handled  in  the  establishment. 

4.  Sick  funds  and  mutual  relief  societies  ought  in  their  own 
interest  to  give  very  special  attention  to  those  of  their  members 
who  work  in  establishments  manufacturing  or  using  poisons ;  they 
ought  to  make  special  morbidity  investigations  and  to  communi- 
cate the  results  of  the  same  to  labor  inspectors  in  order  to  enable 
them  to  combat  effectively  the  causes  of  poisoning. 

5.  It  is  advisable  to  promote  in  medical  schools  the  study  of 
industrial  poisoning;  the  attention  of  young  doctors  must  be 
directed  by  special  courses  to  the  importance  of  labor  hygiene 
and  the  prophylaxis  of  occupational  diseases. 

6.  In  order  to  insure  a  really  efficient  supervision  of  es- 
tablishments which  produce  or  use  industrial  poisons,  it  is  ex- 
pedient, besides  the  medical  practitioners  already  mentioned,  to 
place  in  charge  medical  inspectors  having  a  thorough  and  special 
knowledge  of  industrial  hygiene. 

7.  (a)  It  is  advisable  to  regulate  the  length  of  the  workday 
in  each  dangerous  industry  by  taking  account  of  the  degree  of 
toxicity  of  the  industrial  poisons  handled. 

(b)  The  Bureau  is  invited  to  instruct  a  committee  of  ex- 
perts to  draw  up  and  make  public  a  list  of  substances  which 

261 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

should  be  considered  as  industrial  poisons,  and  to  classify  these 
poisons  according  to  the  seriousness  of  the  disease  caused  by  each. 

The  Bureau  shall  insure  wide  publicity  to  this  list. 

C.     Prizes  offered  to  the  Association. 

The  Association  accepts  with  thanks,  on  conditions  reported  by 
the  Bureau,  the  prizes  that  have  been  offered  it  for  combatting 
the  dangers  which  the  use  of  lead  presents  to  workers. 

It  instructs  the  Bureau  to  convey  to  the  generous  donors  an 
expression  of  its  profound  gratitude. 

The  Bureau  must  designate  the  experts  left  to  the  selection 
of  the  Association  from  among  the  candidates  presented  by  the 
national  sections. 

V.     Night- Work  of  Young  Persons. 

The  Association  without  prejudice  to  the  program  of  the  Inter- 
national Conference  and  considering  the  urgency  of  the  sup- 
pression of  night-work  of  young  persons,  invites  the  Bureau  to 
lay  before  the  sections  this  question  and  to  place  it  upon  the 
program  of  the  next  meeting  of  the  Association. 

The  Bureau  is  authorized  to  entrust  its  study  to  a  Committee 
and  to  invite  the  sections  to  appoint  their  delegates  to  it. 

Proposed  Questionnaire  for  the  Sections. 

1.  What  is  the  number  of  children  and  young  persons  em- 
ployed in  your  country  (actual  number  and  percentage  of  the 
whole  number  of  workers)  ? 

What  is  the  number  of  those  employed  at  night: 

(a)  By  age? 

(b)  By  industr}^? 

2.  How  many  are  there  who  fall  under  the  head  of  exceptions, 
in  what  industries  and  under  what  form. 

3.  What  are  the  effects  of  the  exceptions,  how  do  they  justify 
themselves  ,wliat  exceptions  could  be  done  away  with,  what  would 
be  the  result  of  such  action,  both  from  the  technical  and  economic 
point  of  view?  (Obtain  this  information  chiefly  from  factory 
inspection  reports.) 

4.  What  difficulties  would  oppose  themselves  in  your  country 
to  making  eighteen  the  age  limit  for  the  protection  of  young 
workers  ? 

5.  What  is  the  legal  length  of  night-rest ;  what  is  the  length  of 

262 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

night- work  allowed  in  exceptional  cases,  for  what  reasons  r    (In- 
quiries should  be  made  of  the  teaching  force,  medical  force,  clc.) 

6.  In  what  industries  have  violations  of  the  prohibition  of 
night-work  been  discovered ;  what  were  the  reasons  ? 

7.  Give  the  same  information  relative  to  employees  other  than 
manual  workers. 

VI.  Home  Work. 

1.  The  national  sections  are  invited  by  the  Bureau  of  the 
International  Association  to  start  under  conditions  which  they 
shall  determine  and  in  accordance  with  a  program  the  details  of 
which  are  left  to  their  own  free  discretion,  an  investigation  on 
the  two  following  points: 

(a)  What  has  been  the  influence  of  protective  labor  legisla- 
tion on  the  development  of  home  work  m  that  which  concerns 
specially  women  and  young  workers? 

(b)  What  are  the  principal  abuses  resulting  either  from  the 
absence  or  insufficiency  of  regulation  of  this  kind  of  labor  both 
from  the  point  of  view  of  the  duration  of  the  work  of  these 
classes  of  workers  and  from  that  of  the  hygienic  conditions  and 
security  of  the  place  of  work? 

2.  The  sections  must  apply  in  as  far  as  possible,  the  mono- 
graphic method,  that  is  to  say,  they  must  carry  on  their  in- 
vestigation not  upon  the  whole  of  the  industries  of  the  country, 
but  on  certain  industries  chosen  by  them  for  the  purpose. 

3.  The  scope  of  the  inquiry  includes: 

(a)  Home  work  properly  so-called,  that  is  to  say  work  done 
in  the  home  by  the  worker  with  or  without  the  assistance  of 
one  or  more  helpers,  for  the  account  of  an  entrepreneur.  It  is 
advisable  to  include  in  this  category  certain  home  workers  whose 
independence  is  only  apparent  and  who  are  really  very  dependent 
upon  manufacturers  or  big  retail  stores. 

(b)  The  v^ork  done  in  shops  free  wholly  or  in  part  from 
legal  regulation  either  because  they  are  family  shops,  or  by  reason 
of  the  small  number  of  workers  regularly  employed,  or  by 
reason  of  the  nature  of  the  industry,  or  for  any  other  cause. 

VII.  Legal  Limitation  of  the  Workday. 

The  International  Association  for  the  legal  protection  of  work- 
ers invites  the  sections  to  make  a  study  of  the  question  of 
legal  limitation  of  the  workday  of  manual  workers  and  all  other 
employees  in  commercial  and  industrial  establishments. 

263 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

And  it  requests  the  sections  to  prepare  for  the  next  general 
meeting  reports  on  the  status  of  the  question  in  the  different 
countries. 

VIII.     Social  Insurance. 

1.  As  regards  the  rights  guaranteed  to  the  workers  and  his 
dependents  by  legislation  on  insurance  and  professional  responsi- 
bility, there  is  no  occasion  for  discriminating  between  beneficiar- 
ies because  of  their  nationality,  their  domicile,  or  their  residence. 
The  law  of  the  domicile  of  the  enterprise  for  which  the  laborer 
works  is  applicable. 

2.  The  national  sections  shall,  before  the  next  general  assem- 
bly, furnish  the  Bureau  of  the  Association  with  a  report  on 
the  ways  and  means  of  applying  this  principle  within  each  coun- 
try and  in  international  relations  from  the  twofold  point  of  view 
of  civil  responsibility  and  insurance  organization. 

(Translation:  Ibid.,  No.  3,  p.  171-176.) 

EXHIBIT  15. 
Resolutions  of  the  Fourth  Delegates'  Meeting,  Geneva,  {Septem- 
ber 21-29,  ipo6). 

I.  International  Conventions. 

The  Board  of  the  International  Association  for  Labour  Legis- 
lation is  instructed  to  convey  the  thanks  of  the  Association  to 
those  Governments  which  have  become  parties  to  the  Labour 
Conventions  signed  at  Berne  on  September  26,  1906,  and  to 
congratulate  the  High  Swiss  Federal  Council  on  the  success  of  its 
efforts. 

II.  Finances,  International  Labour  Office,  Statutes  of  New 
Sections,  Standing  Orders. 

The  Board  of  the  International  Association  is  instructed  to 
convey  the  thanks  of  the  Association  to  those  Governments  which, 
by  increasing  their  State  subsidies,  have  substantially  helped  to- 
wards the  improvement  in  the  financial  condition  of  the  Asso- 
ciation, and  thereby  enabled  the  International  Labour  Office  to 
maintain  its  efficiency. 

III.  Administration  of  Labour  Laws. 

The  Sections  are  requested  to  report  to  the  Board  on  the 
measures  taken,  in  accordance  with  legal  enactment  or  special 

264 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

order  in  their  respective  countries,  to  secure  the  observance  of 
Labour  Laws.  To  this  end,  a  hst  of  questions  will  be  sub- 
mitted to  the  Sections  by  the  Board.  On  receiving  the  replies 
to  these  questions,  the  Board  shall  draw  up  a  comparative  report 
on  the  steps  taken  to  secure  the  effective  Administration  of  lii^ 
Labour  Laws  in  the  various  countries. 

IV.  Employment  of  Children. 

The  Board  is  instructed  to  invite  the  Sections  to  report  on  the 
conditions  and  extent  of  the  employment  of  children  and  the 
existing  legal  provisions  for  the  protection  of  children  employed, 
and  to  lay  before  the  next  Delegates'  Meeting  a  report  com- 
piled from  the  reports  so  obtained. 

V.  Night  Work  of  Young  Persons. 

1.  Night-Work  shall  be  in  general  forbidden  for  young  per- 
sons under  i8  years  of  age. 

2.  This  prohibition  is  absolute  for  young  persons  under  14 
years  of  age. 

3.  For  young  persons  14  years  of  age  and  upwards  exceptions 
are  allowed : 

(a)  In  cases  of  force  majeure,  or  exceptional  circumstances. 

(b)  In  industries  the  materials  of  which  are  of  a  highly 
perishable  nature,  in  order  to  prevent  serious  damage. 

4.  Night- Work  is  absolutely  forbidden  in  all  places  where 
goods  are  exposed  for  sale,  hotels  and  public-houses,  as  well 
as  in  counting-houses  attached  to  commercial  and  industrial  es- 
tablishments where  Night- Work  is  forbidden. 

5.  The  night's  rest  shall  last  at  least  1 1  hours,  and  shall  in  all 
cases  include  the  period  from  10  p.  m.  to  5  a.  m. 

6.  Provision  may  be  made  for  periods  of  transition. 

7.  The  International  Association  expresses  its  hope  that 
inspection  will  be  efficiently  carried  out. 

8.  The  meeting  instructs  a  Commission  to  ascertain  by  what 
methods  practical  effect  can  be  given  to  the  above  resolutions. 
This  Commission  shall  present  a  report  within  two  years.  Each 
Section  has  the  right  to  nominate  two  delegates  to  this  Commis- 
sion and  to  name  experts  from  amongst  employers  and  w'orkmen 
to  assist  at  the  deliberations  of  the  Commission. 

The  Governments  will  have  timely  notice  of  all  impending  sit- 
tings of  the  Commission  in  order  that  they  may  be  able  to  send 
representatives. 

265 


THE  INTERATIONAL  PROTECTION  OF  LABOR 

VI.  Legal  Maximum  Working  Day. 

The  International  Association  is  of  opinion : 

1.  That  the  determination  by  law  of  a  maximum  period  of 
daily  work  is  of  the  highest  importance  for  the  maintenance  and 
promotion  of  the  physical  and  intellectual  welfare  of  workmen 
and  employees. 

2.  That,  over  and  above  limitations  of  hours  of  work  brought 
about  by  the  efforts  of  Trade  Unions,  the  intervention  of  the 
legislature  is  necessary  in  order  to  set  a  limit  to  daily  hours  of 
work  in  general. 

3.  That,  to  enable  the  Association  to  judge  as  to  the  ex- 
pediency of  international  agreements  on  this  subject,  it  is  de- 
sirable that  the  International  Labour  Office  should  lay  before 
the  next  Delegates'  Meeting  a  report  concerning — 

(a)  The  actual  hours  of  work  of  adult  workmen  and  em- 
ployees. 

(b)  The  effects,  especially  on  the  productive  capacity  of 
workmen  and  technical  improvements,  of  those  limitations  which 
have  been  already  brought  about  either  by  law,  special  order  ,or 
the  initiative  of  employers  or  trade  unions. 

The  International  Labour  Office  is  authorized  to  limit  this 
investigation  to  particular  branches  of  industry  if  a  general  in- 
vestigation should  be  found  disproportionately  beset  with  diffi- 
culties. 

VII.  Home  Work. 

The  Association  is  of  the  opinion  that  the  bad  conditions  shown 
to  exist  in  home  industries  necessitate  State  intervention. 

The  sections  are  requested: 

A.  (a)  To  urge  upon  their  respective  Governments  the  en- 
actment of  legal  provisions  requiring  employers  (undertakers  or 
sub-contractors)  : 

(i)  To  keep  a  register  of  all  workers  employed  by  them 
outside  their  premises,  and  to  hold  it  at  all  times  at  the  disposal  of 
the  public  authorities. 

(2)  To  provide  each  person,  when  the  work  is  given  out, 
with  exact  written  particulars  of  the  piecework  rates  and  the  cost 
of  materials,  and  to  post  the  rates  of  pay  current  in  the  busi- 
ness on  a  notice  affixed  in  all  pay  offices. 

(b)     To  consider  the  means  of  procuring  a  wide  publicity  for 

266 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

the  information  concerning  wages  obtained  by  legal  provisions  as 
recommended  above. 

B.  To  promote  the  extension  to  out-workers  of  legal  pro- 
visions relating  to  inspection  of  workplaces,  as  well  as  of  systems 
of  workmen's  insurance. 

C.  To  demand,  in  the  interests  both  of  the  public  and  of  the 
workers,  the  most  stringent  enforcement  of  existing  sanitary 
laws  and  bye-laws  in  unhealthy  workrooms  where  home  work 
is  carried  on,  and  to  promote  such  regulations  where  they  do  not 
yet  exist. 

D.  To  initiate  and  encourage  the  formation  and  active  work 
of  trade  unions  among  home  workers,  buyers'  leagues,  etc.,  with 
a  view  to  promoting  private  initiative. 

E.  The  Board  is  instructed  to  indicate,  with  the  co-operation 
of  a  sub-committee : 

a)  The  branches  of  domestic  industry  in  each  country,  the 
products  of  which  compete  in  the  world's  markets  with  those  of 
other  countries;  the  field  of  such  competition;  and  the  conditions 
of  work  and  organization  in  the  industries  in  which  such  com- 
petition is  found. 

(b)  Those  home  industries  in  which  the  absence  of  sick  in- 
surance, long  hours  of  work  (especially  of  women  and  children), 
inadequacy  of  wages,  periodic  slackness  of  work,  call  most  ur- 
gently for  measures  of  protection  for  the  workers. 

VIII.     Industrial  Poisons. 

I.  With  the  object  of  carrying  out  Resolution  IV,  A.  I,  passed 
at  the  Delegates'  Meeting,  1904,  the  Association  requests  the 
Board  to  invite  the  Sections  to  nominate  as  soon  as  possible  ex- 
perts to  institute  investigations  in  their  respective  countries,  and 
to  report  before  January  i,  1908,  at  latest,  on  the  best  methods 
of  combating  the  dangers  attendant  on  the  manufacture  and 
use  of  lead  paints  and  colours,  especially  in  the  ceramic  and  the 
polygraphic  industries. 

These  reports  shall  be  sent  to  the  International  Labour  Office, 
which  shall  proceed  to  appoint  three  experts  of  three  different 
nationalities.  These  experts  shall  draw  up  a  final  report  based 
upon  those  presented. 

The  Board  is  requested  to  place  at  the  disposal  of  the  Com- 

267 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

mission  of  three  any  of  the  essays  entered  for  the  prize  com- 
petition which  it  considers  might  be  of  service  to  them. 

2.  The  several  Sections  are  requested  by  the  Board  to  submit 
reports  on  the  prohibition  of  the  use  of  lead  paints  and  colours 
before  March  i,  1908,  at  latest.  These  reports  should  state 
whether  such  prohibition  is  enacted  by  law  or  by  special  order,  and 
whether  it  applies  to  public  or  private  works  only  or  to  both; 
they  should  contain  information  as  to  the  effects  of  the  prohi- 
bition, and  as  to  experiments  which  might  with  advantage  be 
made  with  leadless  colours. 

3.  With  a  view  to  carrying  out  Resolution  B  (b)  passed  by 
the  Delegates'  Meeting,  1904,  the  Commission  recommends  the 
appointment  of  three  experts  of  three  different  nationalities, 
whose  duty  shall  be  to  draw  up  a  final  statement,  based  on 
the  lists  provided  by  the  Sections,  of  the  most  important  indus- 
trial poisons  arranged  in  order  of  the  degree  of  danger  attending 
their  use. 

4.  The  Delegates'  Meeting  of  the  International  Association 
for  Labour  Legislation  expresses  the  hope  that  the  Governments 
which  have  not  signed  the  convention  concerning  the  prohibition 
of  the  use  of  white  phosphorus  will,  in  the  near  future,  adhere  to 
this  measure  for  securing  the  health  of  the  workers.  The  As- 
sociation urges  the  Sections  in  these  countries  to  undertake  the 
necessary  inquiries,  and  to  exert  themselves  to  the  utmost  to 
promote  the  introduction  of  the  aforesaid  prohibition. 

IX.     Workmen's  Insurance. 

The  International  Association  for  Labour  Legislation  con- 
cludes from  the  reports  of  the  various  Sections  that  it  is  possible 
to  establish  the  principle  of  the  equality  of  foreigners  and  natives 
as  regards  insurance  by  means  of  an  International  Convention. 

The  Sections  are  therefore  requested : 

( 1 )  To  present  to  the  next  Delegates'  Meeting  a  Draft  of  an 
International  Convention,  concerning,  in  the  first  place,  accident 
insurance,  which  would  establish  this  principle  both  as  regards 
the  amount  of  the  indemnity  and  the  conditions  of  procuring  the 
same. 

(2)  To  continue  to  work  by  means  of  National  Legislation 
or  International  Treaties,  towards  the  realisation  of  this  princi- 

268 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

pie,  until  it  is  fully  recognized  by  an  International  Convention. 

(3)  To  report  to  the  next  Delegates'  Meeting  what  degree 
of  modification  or  addition  by  further  enactments  would  be  re- 
required  to  bring  the  laws  of  their  respective  countries  into  cor- 
respondence with  the  principle  laid  down. 

(E.  B.  English  Bulletin  of  the  International  Labor  Office  i, 
(4-8)  pp.  318,322). 

EXHIBIT  16. 

Resolutions  of  the  Fifth  Delegates'  Meeting  {Lucerne,  Sept.  28- 

30,  1908). 

I.  International  Conventions. 

The  Board  of  the  International  Association  is  requested  to  con- 
vey, after  Dcceniber  31st,  1908,  the  thanks  of  the  Association  to 
the  Governments  of  those  States  which  shall  then  have  ratified 
the  labour  conventions  signed  at  Berne  on  September  26th,  1906. 

The  Board  is  requested  to  transmit  te  the  Government  of 
Sweden  a  memorandum  expressing  the  thanks  of  the  Association 
for  the  efforts  made  in  the  matter  of  the  ratification  of  the 
Berne  Convention  relating  to  the  night  work  of  women ;  regretting 
that  these  efforts  were  not  successful;  and  expressing  the  hope 
that  when  further  steps  are  taken,  the  desired  result  will  be  at- 
tained. 

II.  Finances,  Bulletin,  Staff  Regulations,  Library,  etc. 
A.     Finances. 

1.  The  Fifth  Delegates'  Meeting  adopts  with  pleasure  the  re- 
ports of  the  Board,  the  Treasurer  and  the  International  Labour 
Office,  and  expresses  its  thanks  for  their  work. 

2.  The  Treasurer's  financial  statements,  being  duly  audited, 
are  adopted. 

3.  The  Budget  for  1909  and  1910  is  adopted,  subject  to  the 
following  modifications : 

The  item  for  printing  ("Bulletin")  shall  be  increased  to  18,000 
francs,  out  of  which  4,000  francs  shall  be  devoted  annually  to- 
wards the  expenses  of  the  English  edition.  A  further  sum,  not 
to  exceed  2,000  francs  annually  shall  be  granted,  if  necessary,  to 
meet  any  deficit  in  respect  of  the  English  edition.     A  sum  not 

269 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

exceeding  2,0000  francs  shall  also  be  granted  to  meet  any  deficit 
in  respect  of  the  English  edition  during  1908. 

B.  Bulletin  of  the  International  Labour  Office. 

1.  Until  the  financial  position  of  the  Association  shows  a  fur- 
ther improvement,  the  Board  is  requested  to  refrain  from  en- 
larging the  "Bulletin." 

2.  The  Board  is  recommended  to  take  all  possible  steps  to 
secure  the  prompt  and  regular  publication  of  the  "Bulletin,"  and 
to  reduce  the  expenses  as  far  as  possible. 

C.  Pension  Insurance  of  the  Employees  in  the  International 
Labour  Office. 

The  Fifth  Delegates'  Meeting  approves  the  regulations  for  the 
insurance  of  the  employees,  with  the  following  amendments: 

1.  The  first  sentence  of  clause  i  shall  read  as  follows:  "The 
International  Association  for  Labour  Legislation  shall  be  the 
insuring  party  through  the  Board." 

2.  Clause  5  shall  read  as  follows :  "In  the  event  of  a  contract 
of  employment  being  ended  either  on  the  part  of  the  Labour 
Office  or  on  that  of  an  employee,  the  policy  of  the  employee  who 
thus  leaves  the  service  of  the  Association  shall  under  all  cir- 
cumstances be  handed  over  to  the  employee  as  his  own  property/' 

3.  Clause  6  shall  be  omitted. 

D.  Salaries  of  the  Employees  of  the  International  Labour  Of- 
fice. 

The  meeting  approves  the  scheme  relating  to  salaries  with  the 
following  amendments: 

1.  Clause  3  par.  2,  shall  be  omitted. 

2.  Clause  6  shall  read  as  follows:  "In  exceptional  cases  the 
Board  may  grant  special  payment,  if  an  employee  works  over- 
time at  the  request  of  the  director  for  four  or  more  weeks,  aris- 
ing out  of  stress  of  work  or  other  causes." 

3.  Clause  7  shall  be  omitted. 

E.  Catalogue  of  the  Library  of  the  International  Labour  Of- 
fice. 

The  Labour  Office  is  requested  to  do  its  utmost  to  expedite  the 
compilation  of  the  subject  catalogue  of  the  library,  and,  on 
request,  to  allow  copies  of  any  sections  of  this  catalogue  to  be 
made  at  the  expense  of  persons  desiring  the  same. 

270 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

F.     Place  and  Time  of  the  Next  Meeting. 

The  Delegates'  Meeting  resolves  the  next  (Sixth)  Delegates' 
Meeting  of  the  International  Association  shall  be  held  in  the 
autumn  of  1910  at  Lugano. 

III.  Administration  of  Labour  Laws. 

In  pursuance  of  the  resolutions  of  the  Fourth  Delegates'  Meet- 
ing relating  to  the  Administration  of  Labour  Laws,  the  Meeting 
resolves  as  follows: 

1.  The  International  Labour  Office  is  requested  to  complete  the 
preliminary  report  on  the  administration  of  labour  laws,  and  to 
submit  the  same  for  criticism  to  the  Governments  and  Sections 
concerned. 

2.  The  International  Labour  Office  shall  draw  the  attention 
of  the  Governments  to  the  report  when  completed.  Suitable 
steps  shall  be  taken  to  make  the  report  as  widely  known  as 
possible  among  the  general  public. 

3.  The  International  Labour  Office  is  requested  to  report  from 
time  to  time  to  the  Delegates'  Meetings  on  any  changes  introduced 
affecting  the  administration  of  labour  laws. 

IV.  Employment  of  Children. 

The  Sections  are  requested  to  seek  means  to  secure,  as  f|r  as 
possible,  the  complete  prohibition  of  child  labour,  and,  in  so 
doing,  to  be  guided  by  the  following  principles : 

1.  The  employment  of  children  to  be  subject  to  regulation  in 
all  occupations  carried  on  for  purposes  of  gain. 

2.  Such  regulations  to  apply  to  all  children  employed ;  in  agri- 
culture, a  distinction  to  be  made  between  children  working  for 
their  parents  and  for  strangers  respectively. 

3.  Children  not  to  be  employed  for  purposes  of  gain  during 
school  age ;  in  so  far  as  school  attendance  is  not  compulsory,  em- 
ployment to  be  permitted  on  the  conclusion  of  the  fourteenth  year 
of  age,  or,  in  agriculture,  of  the  thirteenth  year. 

V.  Night  Work  of  Young  Persons. 

The  Delegates'  Meeting  leaves  it  to  the  Board  of  the  Associa- 
tion to  choose  the  occasion  for  proposing  to  the  Governments  the 
conclusion  of  an  international  agreement  relating  to  the  prohi- 
bition of  the  night  work  of  young  persons,  but  hereby  adopts  the 
following  definite  proposals  which,  in  the  opinion  of  the  meeting, 
could  be  introduced  in  the  present  state  of  affairs. 

271 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

The  Meeting  resolves,  at  the  same  time,  to  leave  the  Special 
Commission  appointed  in  pursuance  of  Resolution  V  (8),  of  the 
Fourth  Delegates'  Meeting,  constituted  as  at  present,  with  the 
duty  of  continuing  the  collection  and  compilation  of  data  beanir; 
on  the  possibility  of  prohibiting  the  night  work  of  young  person:^, 
until  the  time  is  ripe  for  approaching  the  Governments  on  the 
matter.  It  shall  be,  in  addition,  the  duty  of  the  Commission  to 
inquire  whether  the  technical  development  of  any  branches  of 
industry  has,  in  the  meantime,  advanced  sufficiently  to  admit  of 
the  further  extension  of  the  proposed  prohibition  of  the  night 
work  of  young  persons.  The  Board  is  requested  to  issue  jointly 
with  a  sub-committee  to  be  elected  from  amongst  the  members 
of  the  Special  Commission,  a  publication  setting  forth  the  actual 
conditions  under  which  the  night  work  of  young  persons  is  carried 
on  in  the  various  countries,  and  the  possibility  of  doing  away 
with  such  night  work  (as  was  done  as  regards  the  prohibition  of 
the  night  work  of  women). 

The  definite  recommendations  of  the  Delegates'  Meeting  on  this 
subject  are  as  follows : 

1.  The  night  work  of  young  persons  to  be,  in  general,  pro- 
hibited in  the  industrial  occupations  until  the  conclusion  of  the 
eighteenth  year  of  their  age. 

2.  The  prohibition  to  be  absolute  until  the  conclusion  of  the 
fourteenth  year  of  their  age,  and  until  they  are  exempt  from 
school  attendance. 

3.  Night  work  may  be  permitted  for  young  persons  over 
fourteen : 

(a)  In  cases  of  force  majeure  when  the  manufacturing  pro- 
cess is  subjected  to  an  interruption  impossible  to  foresee,  and  not 
of  a  periodical  character; 

(b)  In  industries  where  the  materials  used,  whether  as  raw 
materials  or  in  any  manufacturing  process,  are  of  a  highly  perish- 
able nature,  where  necessary,  in  order  to  prevent  damage  to  the 
materials  in  question. 

(c)  In  the  glass  industry,  in  the  case  of  young  persons  em- 
ployed in  "gathering"  the  liquid  glass  from  the  furnaces,  pro- 
vided that : 

I.  The  period  of  their  employment  at  night  shall  be  limited  by 
law,  and 

272 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

2.  The  number  of  young  persons  so  employed  is  limited  to  that 
required  for  the  purpose  of  training  the  necessary  number  of 
skilled  workmen. 

This  exception  to  be  allowed  only  as  a  temporary  measure; 

(d)  In  iron  works,  for  young  persons  employed  in  rolling, 
provided  that  they  are  over  sixteen  years  of  age. 

4.  The  Delegates'  Meeting  expresses  no  opinion  on  the  reso- 
lution adopted  at  Geneva,  in  1906,  recommending  that  night 
work  should  be  absolutely  forbidden  "in  all  places  where  goods 
are  exposed  for  sale,  hotels  and  public  houses,  as  well  as  in  count- 
ing houses,  etc."  and  refers  the  same  back  to  the  Special  Commis- 
sion for  consideration. 

5.  The  night's  rest  shall  last  at  least  eleven  hours,  and  shall, 
in  all  cases,  include  the  period  from  10  p.  m.  to  5  a.  m. 

6.  Provision  may  be  made  for  periods  of  transition. 

7.  The  Delegates'  Meeting  expresses  the  hope  that  inspection 
will  be  efficiently  carried  out. 

8.  The  Delegates'  Meeting  maintains  that  the  regular  night 
work  of  young  persons  is  always  to  be  regarded  as  an  abuse, 
which,  in  principle,  should  not  be  tolerated  in  any  circumstances. 
Until  it  is  possible  to  abolish  such  night  work  entirely  by  means 
of  an  international  agreement,  the  Meeting  invites  all  the  na- 
tional Sections  to  work  actively  to  secure  the  removal  or  diminu- 
tion of  this  abuse. 

VI.     Maximum  Working  Day. 

In  pursuance  of  the  principles  adopted  by  resolution  of  the 
Fourth  Delegates'  Meeting,  held  at  Geneva,  respecting  the  maxi- 
mum working  day,  namely: 

"i.  The  determination  by  law  of  a  maximum  period  of  daily 
work  is  of  the  highest  importance  for  the  maintenance  and  pro- 
motion of  the  physical  and  intellectual  welfare  of  workmen  and 
employees. 

"2.  Over  and  above  limitations  of  hours  of  work  brought 
about  by  the  efforts  of  Trade  Unions,  the  intervention  of  the 
legislature  is  necessary  in  order  to  set  a  limit  to  daily  hours  of 
work  in  general." 

The  Delegates'  Meeting  resolves : 

I.     As  regards  the  employment  of  women; 

273 


THE  INTERNATIONAL  PROTECTION   OF   LABOR 

The  period  of  employment  for  all  women  subject  to  the  pro- 
visions of  the  Berne  Convention  on  the  Night  Work  of  Women, 
to  be  limited  by  international  agreement  to  ten  hours.  This  legal 
maximum  period  of  employment  to  be  introduced  by  degrees. 

2.  As  regards  male  workers  in  the  textile  industry : 

The  same  maximum  of  ten  hours  to  be  introduced  by  degrees 
for  men  employed  in  the  textile  industry. 

3.  As  regards  persons  employed  in  coal  mines: 

(a)  A  maximum  eight  hours  day  to  be  introduced  for  all 
workmen  employed  below  ground. 

(b)  The  Board  is  requested  to  appoint  a  Commission  to  de- 
termine what  shall  be  the  technical  definition  of  an  "eight  hours 
shift." 

4.  As  regards  the  period  of  employment  in  smelting  works, 
rolling  mills,  and  glass  works : 

(a)  In  view  of  the  fact  that  the  information  compiled  is  still 
incomplete,  the  Labour  Office  is  requested  to  continue  the  study 
of  this  question. 

(b)  The  Governments  should  be  urged  to  institute  inquiries 
into  the  period  of  employment  in  these  industries. 

(c)  The  Sections  are  requested  to  procure  in  their  respective 
countries  expressions  of  opinion  from  technical  experts  in  the 
branches  of  industry  concerned  on  the  best  methods  of  regulating 
hours  of  work. 

VII.     Home  Work. 
A.     General. 

1.  The  Delegates'  Meeting  draws  further  attention  to,  and  re- 
affirms the  measures  recommended  at  Geneva  in  1906  (Compul- 
sory registration,  publication  of  wage  lists,  extension  of  inspec- 
tion, social  insurance,  sanitary  regulations,  promotion  of  trade 
organizations  consumers'  leagues  etc.). 

2.  The  Delegates'  Meeting  is  of  the  opinion  that  in  introducing 
the  above  measures  and  those  recommended  below,  consideration 
must  always  be  given  to  the  special  characteristics  of  the  various 
domestic  industries. 

3.  The  Delegates'  Meeting  considers  that  bad  conditions  in 
home  work  are  due  primarily  to  inadequacy  of  wages,  and  that, 
consequently,  it  is  of  the  first  importance  to  find  means  of  raising 
wages. 

274 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

To  this  end  the  Delegates'  Meeting — 

(a)  Urges  the  formation  of  trade  organizations  amongst 
home  workers,  the  conclusion  of  collective  agreements,  and  the 
legal  recognition  of  such  agreements  in  countries  where  the  law 
fails  at  present  to  recognize  the  same; 

(b)  Requests  the  Sections  to  make  inquiries  as  to  how  far  it 
would  be  practicable  to  introduce  in  their  respective  countries  a 
law  gixmg  the  Courts  power  to  annul  agreements  for  starva- 
tion wages  and  wage  agreements  of  an  usurious  nature,  and  to 
pimish  employers  who  conclude  such  agreements ; 

(c)  Requests  the  Sections — 

(i)  To  study  the  question  of  the  organization  of  wages 
boards ; 

(2)  In  cases  where  trade  organization  has  proved  unwork- 
able, and  where  conditions  permit,  to  invite  their  Governments 
to  try  the  introduction  of  minimum  wages  by  appointing  joint 
wages  boards  to  determine  rates  of  wages;  for  this  purpose  use 
could  be  made,  if  desired,  of  the  provisions  of  the  English  bill 
on  the  subject.  Any  such  experiment  should  be  made  first  in 
those  domestic  industries  where  it  could  apparently  be  most 
easily  enforced,  and  where  the  work  in  question  is  the  main  oc- 
cupation of  the  majority  of  the  persons  concerned; 

(3)  To  report  to  the  Association  on  the  results  attained;  the 
British  Section  is,  in  particular,  requested  to  report  regularly  on 
experience  gained  in  the  United  Kingdorn. 

4.  In  view  of  the  wide  scope  of  the  home  work  problem,  the 
Delegates'  Meeting  is  of  opinion  that  it  is  not  at  present  practica- 
ble to  consider  all  the  other  measures  proposed,  especially  the  ex- 
tension of  labour  laws  to  home  work.  The  consideration  of  these 
questions  Is,  therefore,  postponed  to  a  future  meeting. 

5.  The  Delegates'  Meeting  invites  the  National  Sections  to 
study  means  whereby  it  may  be  rendered  possible  in  practice  to 
subject  home  workers  to  factory  legislation  (normal  periods  of 
employment,  hygiene  and  security  in  workplaces).  For  this  pur- 
pose existing  legislation  and  legislative  proposals  should  be  taken 
into  consideration. 

B.     Machine-Made  Swiss  Embroidery  (Schlfflistickerei). 
The  Delegates'  Meeting  requests  the  German,  Austrian,  Ameri- 

275 


THE  INTERNATIONAL  PROTECTION   OF   LABOR 

can,  French,  and  Swiss  Sections  to  investigate  the  question 
whether  the  regulations  relating  to  conditions  of  work  in  the  em- 
broidery trade  proposed  in  the  memorial  drafted  by  the  Board, 
could  be  made  the  basis  of  international  negotiations. between  the 
countries  concerned.  The  Sections  in  question  are  requested  to 
report  to  the  Board,  who  will  then  decide  whether  a  special  com- 
mission should  be  convened  to  consider  the  matter. 
VIII.     Industrial  Poisons. 

A.  White  Phosphorus. 

The  Delegates'  Meeting  thanks  the  Austrian  and  British  Sec- 
tions for  their  scientific  work,  their  effiorts  to  arouse  public  opin- 
ion, and  their  Parliamentary  activities,  as  a  result  of  which  the 
adhesion  of  their  Governments  to  the  convention  prohibiting 
the  use  of  white  phosphorus  is  expected.  The  Meeting  also  thanks 
the  Spanish  and  Hungarian  Sections,  which,  with  a  like  end  in 
view,  have  instituted  inquiries  and  presented  petitions.  The  Board 
is  instructed  to  express  the  thanks  of  the  Association  to  the  Gov- 
ernments in  questions,  as  soon  as  the  prohibition  in  question  is 
introduced,  and  to  thank  the  British  Government  without  delay 
for  introducing  a  Bill  to  prohibit  the  manufacture  and  importa- 
tion of  white  phosphorus  matches,  and  also  the  Austrian  House 
of  Representatives  for  the  resolutions  it  has  adopted  in  this 
sense,  and  the  Austrian  Government  for  their  sympathetic  atti- 
tude. 

The  Board  is  requested  to  continue  its  efforts  in  those  coun- 
tries which  have  not  yet  joined  in  the  Berne  Convention,  es- 
pecially in  Belgium  and  Sweden. 

The  dangers  to  the  consumer  attached  to  the  use  of  white 
phosphorus  matches  make  it  desirable  for  countries  where  such 
matches  are  not  produced,  but  only  imported  (e.  g.,  Australia), 
to  prohibit  their  importation.  Such  prohibition  would  incidentally 
facilitate  the  introduction  of  the  prohibition  in  countries  whic'.i 
have,  as  yet,  refused  to  adhere  to  the  Berne  Convention  merely 
out  of  consideration  for  their  export  trade. 

B.  Lead. 

I.     Painting  and  Decorating. 

The  Delegates'  Meeting  repeats  the  wish,  expressed  at  previous 
meetings,  that  the  use  of  lead  paints  and  colours  should  be  pro- 

276 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

liibited.  In  particular,  the  Meeting  is  decidedly  of  opinion  that, 
according  to  present-day  experience,  the  use  of  white  lead  can 
be  dispensed  with  for  internal  painting  and  decoration,  and 
could,  therefore,  be  prohibited.  As  regards  the  use  of  lead  paints 
and  colours  for  all  other  classes  of  painting,  in  particular  the  use 
of  white  lead  for  external  painting  and  of  red  lead  for  other 
classes  of  work,  the  Meeting  considers  that  it  would  be  ad- 
visable for  the  Governments  to  institute  experiments  respecting 
the  possibility  of  prohibiting  its  use.  The  Meeting  draws  further 
attention  to  the  Geneva  resolution  inviting  the  Sections  to  re- 
port to  every  Delegates'  Meeting  on  the  state  of  affairs  in  their 
respective  countries. 

Until  a  general  prohibition  of  lead  paints  and  colours  is  in- 
troduced, all  vessels  and  cases  in  which  substances  containing 
lead  are  distributed  for  purposes  of  trade  or  use,  should  be  mark- 
ed in  an  unmistakable  manner,  so  as  to  show  that  their  contents 
contain  lead  and  are  poisonous.  Workmen  employed  in  prepar- 
ing or  manipulating  paints  and  colours  containing  lead  should 
always  have  their  attention  drawn  to  the  danger  of  poisoning. 

All  workmen  so  exposed  to  danger,  even  those  employed  in 
small  workshops  and  those  who  do  not  work  in  a  definite 
establishment,  should  be  medically  examined  at  regular  inter- 
vals. 

2.     Ceramic  Industry. 

The  Delegates'  Meeting  resolves  that  an  International  Com- 
mission, consisting  of  three  experts,  be  appointed,  with  the  duty 
of  compiling  regulations  for  the  prevention  of  lead  poisoning  in 
the  ceramic  industry.  The  results  arrived  at  by  this  Commission 
shall  be  submitted  to  the  national  Sections  for  consideration  at 
least  one  year  before  the  convocation  of  the  next  Delegates'  Meet- 
ing. The  criticisms  of  the  Sections  shall  be  forwarded  within  six 
months  to  the  Commission,  who  shall  hand  in  their  final  draft  to 
the  Board  within  the  following  three  months. 

The  following  principles  shall  be  taken  as  the  basis  of  the 
deliberations  of  the  Commissions: 

I.  The  use  of  lead  glazes  to  be  restricted  as  far  as  possible. 
To  this  end  the  Governments  should  encourage  and  promote  the 
introduction  of  leadless  glazes  by  official  researches  undertaken 

277 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

in  collaboration  with  the  interested  parties,  and,  in  general,  pro- 
mote technical  and  hygienic  improvements  in  the  ceramic  indus- 
try through  the  medium  of  technical  schools  and  lectures. 

2.  In  so  far  as  lead  glazes  necessarily  continue  in  use,  soluble 
lead  constituents  should  be  replaced  by  well  fritted  and,  as  far  as 
possible,  insoluble  compounds. 

3.  The  preparation  of  lead  fritts  and  glazes  should  be  effect- 
ed as  far  as  possible  in  special  glaze  factories,  or  in  perfectly 
adapted  glaze  departments  of  large  firms. 

4.  In  small  potteries  with  low  temperature  furnaces,  either 
well  fritted  glazes  or  galena  (not  red  lead  or  litharge)  should 
be  used,  according  to  .technical  requirements.  Further,  in  the 
very  smallest  undertakings  (domestic  industry)  workrooms 
should  be  separated  from  dwelling-rooms. 

5.  Even  where  carried  on  as  a  domestic  industry,  the  ceramic 
industry  should  be  subject  to  industrial  inspection. 

3.     Polygraphic  Industry. 

The  Delegates'  Meeting  resolves  to  appoint  another  Interna- 
tional Commission,  consisting  of  three  experts,  to  prepare  regu- 
lations for  the  prevention  of  lead-poisoning  in  the  polygraphic 
industry.  As  in  the  case  of  the  Commission  on  the  ceramic 
industry,  this  Commission  shall  report  on  the  polygraphic  industry 
to  the  national  Sections  one  year  before  the  next  Delegates'  Meet- 
ing. The  criticisms  of  the  Sections  shall  be  forwarded  to  the 
Commission  within  six  months,  and  the  Commission  shall  hand  in 
its  final  report  to  the  Board  within  the  following  three  months. 

The  principles  laid  down  in  the  prize  essays  and  those  pur- 
chased, and  in  the  reports  presented  by  the  Sections,  and  the 
recommendations  set  out  below,  shall  be  taken  as  the  basis  of  the 
deliberations  of  the  Commission  as  far  as  concerns  the  typo- 
graphical industry. 

Experience  has  shown  the  excellent  working  of  the  general 
hygienic  provisions  regulating  conditions  of  work  in  the  letter- 
press printing  trade  contained  in  the  German  Order.  But  these 
provisions  would  need  to  be  extended  and  supplemented  in  order 
to  be  applicable  under  present  conditions  in  all  countries.  In 
particular,  the  questions  of  cleanliness  and  ventilation,  and  of 
temperature   in   rooms   where   lead   is   melted   for   type-setting 

278 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

machines,  stereotyping,  or  type-founding  need  to  be  regulated  in 
detail.  Further,  it  would  seem  desirable  to  prohibit  eating  and 
smoking  in  workrooms,  to  prohibit  the  employment  of  women  in 
typefounding,  and  to  introduce  provisions  requiring  type  cases 
to  be  cleaned  by  suction.  Provisions  regulating  the  use  of  lead 
colours,  similar  to  those  proposed  for  painting  and  decorating, 
should  be  introduced  also  in  the  polygraphic  industry.  Lead 
and  bronze  dust  generated  in  processes  regularly  carried  out, 
should  be  drawn  off  by  an  apparatus  from  which  the  dust  cannot 
escape.  As  a  general  rule,  the  different  branches  of  work  in  the 
polygraphic  industry  should  be  carried  on  in  separate  rooms. 

C.  List  of  Industrial  Poisons. 

The  Delegates'  Meeting  resolves  that  the  list  of  poisons  drawn 
up  by  Professor  Sommerfeld  be  referred  to  the  Sections  for 
consideration. 

IX.  Working  in  Caissons. 

The  Delegates'  Meeting  resolves  to  entrust,  at  an  early  date, 
the  compilation  of  a  comprehensive  report  on  work  in  caissons 
to  a  small  Special  Commission  of  experts.  This  Commission 
shall  present  its  report  to  the  Board  for  the  use  of  the  Sections 
within  one  year  at  latest. 

X.  Workmen's  Insurance:  Treatment  of  Foreigners  in  Case 
of  Accident. 

I,  In  pursuance  of  Resolution  IX  adopted  at  Geneva,  the 
Delegates'  Meeting  expresses  the  wish,  that,  either  by  national 
legislation,  by  treaties  between  two  States,  or  by  a  general  Inter- 
national Convention  brought  about  by  the  initiative  of  the  Govern- 
ment of  one  such  State;  the  principle  of  equal  rights  for  foreigners 
and  subjects  of  a  State  should  be  brought  into  force,  not  only 
as  regards  the  amount  of  compensation  payable,  but  also  as  re- 
gards the  conditions  for  receiving  the  same. 

To  this  end  the  Meeting  recommends  adoption  of  the  following 
principles  already  embodied  in  certain  treaties  now  in  force: 
Cf.  Treaty  between  France  and  Italy  dated  April  IS,  1904 
Cf.  Treaty  between  Belgium  and  Luxemburg  dated  April  15,  1905 
Cf.  Treaty  between  Germany  and  Luxemburg  dated  Sept.  2,  1905 
Cf.  Treaty*  between  France  and  Belgium  dated  Feb.  21,  1906 
Cf.  Treaty  between  Belgium  and  Luxemburg  dated  May  22,  1906 
Cf.  Treaty  between  France  and  Italy  dated  June  9,  1906 
Cf.  Treaty  between  France  and  Luxemburg  dated  June  27,  1906 
Cf.  Treaty  between  Germany  and  Holland  dated  Aug.  27,  1907 

279 


THE   INTERNATIONAL   PROTECTION   OF   LABOR 

(a)  Foreigners  meeting  with  industrial  accidents  and  their 
dependants  to  be  placed  in  the  same  position  as  subjects  of  a  State, 
in  respect  of  compensation  for  injuries  resulting  from  such  ac- 
cidents, both  as  regards  the  amount  and  the  conditions  under 
which  it  is  payable. 

(b)  In  the  case  of  transport  undertakings  extending  over 
two  countries,  the  law  of  the  country  where  the  undertaking  has 
its  domicile  shall  apply  in  respect  of  the  travelling  staff,  regard- 
less of  the  relative  extent  of  the  business  done  in  the  two  countries 
respectively. 

The  travelling  staff  remain  under  the  said  law,  even  though 
occasionally  employed  in  work  which  is  attached  to  some  other 
department  of  the  undertaking. 

(c)  Similarly  in  the  case  of  undertakings  carried  on  in  both 
countries,  the  law  of  the  country  where  the  undertaking  is  domi- 
ciled shall  continue  to  apply  in  the  case  of  workmen  and  em- 
ployees who  are  only  temporarily  employed,  and  that  for  less 
than  six  months,  outside  the  country  where  the  undertaking  is 
domiciled. 

(d)  If  an  industrial  accident  occurs  for  which  compensation 
is  undoubtedly  payable,  but  a  doubt  arises  as  to  who  is  liable  to 
pay  the  compensation  or  as  to  which  legislation  should  apply,  the 
insurer  who  is  first  concerned  with  the  case  shall  pay  compen- 
sation provisionally  to  the  person  entitled  to  receive  the  same, 
until  the  incidence  of  the  liability  is  finally  determined. 

Provisional  compensation  so  paid  shall  be  reimbursed  by  the 
person  found  liable  to  pay  the  compensation. 

(e)  In  enforcing  the  laws  in  question,  the  official  bodies  con- 
cerned shall  render  each  other  mutual  assistance. 

They  shall  be  bound  to  make  the  necessary  inquiries  for  the 
determination  of  the  facts  of  any  case. 

The  procedure  for  dealing  with  cases  of  accidents  to  foreigners 
should  be  made  as  simple  and  expeditious  as  possible. 

(f)  Documents,  certificates,  etc.,  drawn  up  and  delivered  by 
one  State  to  another  in  administering  laws  relating  to  industrial 
accidents,  shall  not  be  subject  to  any  fees  or  taxes  beyond  those 
which  would  have  been  imposed,  under  the  circumstances,  in  the 
country  of  origin. 

280 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 


2.  The  Delegates'  Meeting  requests  the  Sections  of  those  coun- 
tries which  are  backward  in  the  matter  of  treaties  respecting  the 
insurance  of  foreign  workmen,  to  promote  the  conclusion  of  such 
treaties  as  soon  as  possible,  and,  in  order  to  facilitate  their  work, 
to  enter,  if  possible,  into  communication  with  the  Sections  of  the 
Association  in  the  other  countries  concerned. 

(Publications  of  the  International  Association  for  Labor  Legis- 
lation: No.  6.  pp.  IU-I2I.) 

EXHIBIT  17 

Resolutions  of  the  Sixth  Delegates'  Meeting  at  Lugano   {Sept. 

26-28,  ipio.) 

SUMMARY. 


I.     International    Labour    Con- 
ventions of  Berne,  1906. 
II.     New  Sections  and  Constitu- 
tions  of    Sections,    Finances 
and  "Bulletin,"  Co-operation 
with  other  International  As- 
sociations,    Exhibitions     of 
Hygiene     at     Dresden     and 
Rome,  Place  and  Date  of  the 
next  Meeting. 
III.     Administration     of     Labour 

Laws. 
VI.     Child  labour. 
V.     Maximum  working  day. 

A.  Ten  hour  maximum 
working  day  for  women 
in  establishments  employ- 
ing ten  or  more  workers. 

B.  Ten  hour  maximum 
working  day  for  young 
persons. 

C.  Ten  hour  working  day 
for  men  in  textile  indus- 
tries. 

•D.  Working  day  in  continu- 
ous processes. 


VII. 
VIIL 


IX 


Eight-hour  shift  in  mines. 
F.  Hours  of  work  in  special- 
ly dangerous  industries. 
Workmen's  holidays. 
Homework. 

A.  General. 

B.  Machine-made  Swiss  em- 
broidery. 

Industrial  poisons. 

A.  White  phosphorus. 

B.  Lead. 

(a)  Painting    and    deco- 
rating. 

(b)  Ceramic  industry'. 

(c)  Polygraphic  industry 

C.  Protection  of  homework- 
ers  from  industrial  poi- 
sons. 

X.     Work  in  compressed  air. 

A.  Work  in  caissons. 

B.  Divers. 

XL     The    protection    of    railway 
servants   and   prevention   of 
accidents.     Automatic  coup- 
ling. 
XII.     Workmen's  insurance. 


NB.  Subjects  newly  introduced  in  the  programme  of  the  Association  are 
marked  #.    Items  of  the  Lugano  programme  are  marked  ifrit. 

281 


THE   INTERNATIONAL   PROTECTION   OF  LABOR 

I.  INTERNATIONAL  LABOUR  CONVENTIONS  OF 
BERNE,  1906. 

(i)  The  Bureau  is  instructed  to  petition  the  Danish  and  Span- 
ish Governments  to  ratify  at  an  early  date  the  Berne  Convention 
of  September  26th,  1906,  respecting  the  night  work  of  women. 

The  Bureau  is  instructed  to  take  appropriate  measures  to  secure 
the  accession  of  Norway,  Russia  and  Finland,  Turkey,  East  India, 
the  Australian  and  Canadian  Colonies,  and  South  Africa,  to  this 
Convention. 

(2)  The  Delegates'  Meeting  expresses  its  most  cordial  thanks 
to  the  French,  British  and  Dutch  Governments  for  the  adhesion 
of  their  colonies  and  protectorates  to  the  Berne  Convention  of 
September  26th,  1906,  respecting  the  prohibition  of  the  use  of 
white  (yellow)  phosphorus  in  the  match  industry,  to  the  Aus- 
tralian Commonwealth  for  prohibiting  the  use  of  white  phospho- 
rus, to  the  American  Section  for  its  efforts  in  this  direction  in  the 
United  States,  and  to  the  Hungarian  Minister  of  Commerce  who 
has  announced  that  the  prohibition  of  white  phosphorus  will  most 
probably  be  introduced  in  Hungary  at  an  early  date. 

The  Bureau  is  instructed  to  persevere  in  its  efforts  to  procure 
the  adhesion  of  countries  which  have  not  yet  joined  the  Conven- 
tion and,  especially  Belgium,  Norway,  Sweden,  India,  South 
Africa  and  Japan. 

II.  NEW  SECTIONS  AND  CONSTITUTIONS  OF  SEC- 
TIONS. FINANCES  AND  "BULLETIN."  CO-OPERA- 
TION WITH  OTHER  INTERNATIONAL  ASSOCIA- 
TIONS. EXHIBITIONS  OF  HYGIENE  AT  DRESDEN 
AND  ROME.  PLACE  AND  DATE  OF  THE  NEXT  MEET- 
ING. 

A.  New  Sections  and  Constitutions  of  Sections. 

The  constitutions  of  the  Norwegian  and  Swedish  Sections  are 
approved. 

B.  Finances  and  "Bulletin." 

(i)  The  Delegates'  Meeting  acknowledges  with  satisfaction 
the  reports  of  the  Bureau,  the  Treasurer,  and  the  International 
Labour  Office,  and  thanks  them  heartily  for  their  activity. 

(2)  The  treasurer's  accounts,  vouchers  and  cash  have  been 
audited  and  found  correct. 

(3)  The  Budget  for  1910  and  191 1  is  approved.    The  Meeting 

282 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

approves  the  advance  payment  of  3000  frs.,  requested  and  made  in 
consequence  of  the  issue  of  the  EngHsh  edition  of  the  "Bulletin" 
having  been  expedited.  In  renewing  contracts  for  the  publica- 
tion of  the  "Bulletin"  every  effort  shall  be  made  to  reduce  the 
cost  of  printing. 

(4)  The  Delegates'  fleeting  expresses  to  the  Government  of 
the  United  States  its  hearty  thanks  for  the  increase  in  its  appro- 
priation. 

(5)  The  Delegates'  Meeting  instructs  the  Bureau  to  express 
to  the  British  Government  its  hearty  thanks  for  sending  official 
representatives,  and,  at  the  same  time,  to  convey  to  it,  by  these 
delegates,  a  request  that  the  British  Government  may  make  a 
contribution  towards  the  expenses  of  the  International  Labour 
Office,  as  is  done  by  the  Governments  of  all  the  industrial  States 
of  Europe  and  hy  the  United  States  of  America.  This  request 
shall  emphasize  the  fact  that  such  a  contribution  will  be  mainly 
applied  to  meeting  the  expenses  of  the  English  edition  of  the 
"Bulletin,"  which  is  translated  and  printed  in  England.  In  case 
the  Government  of  Great  Britain  should  make  an  appropriation 
for  the  International  Labour  Office,  the  Bureau  is  authorized,  in 
its  discretion,  to  contribute  towards  the  expenses  of  translating 
the  "Bulletin"  into  English  a  sum  not  exceeding  in  any  year  the 
sum  actually  received  from  the  British  Government. 

C.  Co-operation  with  other  International  Associations. 

The  Bureau  is  authorized  to  enter  into  communication  with 
other  Associations  whose  aims  are  similar  to  those  of  the  Inter- 
national Association  for  Labour  Legislation,  in  order  to  come  to 
an  understanding  regarding  any  financial  or  economic  questions 
in  which  they  may  have  a  common  interest. 

D.  International  Exhibitions  at  Dresden  and  Rome. 

The  Delegates'  Meeting  leaves  the  Bureau  free  to  exhibit  at  the 
Exhibitions  of  Hygiene  at  Dresden  and  Rome  any  statistical  tables 
or  publications  relating  to  industrial  hygiene. 

E.  Place  and  Date  of  the  Next  Meeting. 

The  Delegates'  Meeting  resolves  that  the  next  (Vllth)  Dele- 
gates' Meeting  of  the  International  Association  shall  take  place 
in  the  autumn  of  1912  in  Zurich. 

III.     Administration  of  Labour  Laws. 

283 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

(i)  The  Delegates'  Meeting  takes  note  of  the  proof  of  the  first 
comparative  report  drawn  up  by  the  International  Labour  Office 
on  the  measures  adopted  in  European  countries  to  enforce  labour 
laws.  This  proof  shall  be  submitted  to  the  Sections  with  a  view 
to  its  being  amended  and  supplemented. 

#(2)  The  Bureau  is  instructed  to  request  the  Governments, 
with  a  view  to  making  the  administration  of  labour  laws  in  the 
different  countries  comparable,  to  supply  data  at  least  on  the 
following  points: 

1.  The  nature  and  number  of  the  establishments  subject  to  in- 
spection and  of  workers  affected : 

2.  The  number  of  establishments  actually  inspected  and  of 
workers  affected; 

3.  The  number  of  visits  of  inspection  paid  by  inspectors,  dis- 
tinguishing visits  paid  at  night; 

4.  The  number  of  cases  where  persons  were  cautioned  or 
where  penalties  were  imposed  for  infringements  of  the  law; 

5.  The  nature  and  results  of  arrangements  for  securing  the 
co-operation  of  the  workers  in  the  enforcement  of  the  law: 

(a)  By  including  workers  in  the  staff  of  inspection; 

(b)  By  the  institution  of  regular  relations  between  the  in- 
specting staff  and  organized  and  unorganized  workers ; 

(c)  By  giving  workmen's  trade  unions  the  right  to  take  legal 
proceedings. 

The  data  desired  under  I  to  3  above  should  be  classified  accord- 
ing to  industries. 

The  headings  of  the  tables  in  inspectors'  reports  should  be 
given  in  one  of  the  three  principal  languages. 

##  IV.     CHILD  LABOUR. 

A  special  Commission  is  appointed  with  instructions  to  examine 
the  execution,  in  the  several  countries,  of  the  laws  for  the  pro- 
tection of  child  labour,  and  to  prepare  a  comprehensive  compila- 
tion of  the  results  qf  the  investigations  undertaken  by  the  Sec- 
tions in  pursuance  of  the  Lucerne  resolutions. 

#  #  V.     NIGHT  WORK  OF  YOUNG  PERSONS. 

Being  convinced  that  the  Lucerne  resolutions  form  an  ade- 
quate basis  for  the  international  regulation  of  the  night  work  of 
young  persons,  the  Delegates'  IMeeting  instructs  the  Bureau  to 

284 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

request  the  Swiss  Federal  Council  to  invite  the  Governments  to 
an  international  Conference  on  the  subject. 

The  Meeting  instructs  the  Sub-Commissions  to  continue  its 
work  in  pursuance  of  the  Lucerne  resolutions  and  to  inquire 
whether  the  exceptions  to  the  prohibition  of  the  night  work  of 
young  persons  declared  by  the  Lucerne  resolutions  to  be  permissi- 
ble could  not  be  further  limited  in  the  case  of  young  persons  em- 
ployed in  glass  works  and  rolling  mills.  These  investigations  shall 
be  continued  until  such  time  as  the  request  for  the  international 
regulation  of  the  question  shall  be  presented  to  the  Swiss  Federal 
Council. 

Being  convinced  that  it  is  reasonable  to  determine  a  definite 
period  for  the  application  of  transitory  provisions,  the  Delegates' 
Meeting  resolves  that  Resolution  V,  6,  of  the  Lucerne  resolutions 
shall  read  as  follows : 

"Any  transitory  provisions  applicable  to  rolling  mills  and  glass 
works,  contained  in  an  international  convention  for  the  regula- 
tion of  the  night  work  of  young  persons,  should  apply  only  for 
a  definite  period,  which  it  is  suggested  should  be  fixed  at  five 
years." 

The  Meeting  is  of  opinion,  that,  in  the  absence  of  sufficient  in- 
formation, it  would  not  be  expedient  to  include  in  an  international 
convention  the  question  of  the  night  work  of  young  persons  in 
hotels,  restaurants  and  public  houses,  shops  and  Oj^ces.  Notwith- 
standing, the  Meeting  wishes  to  draw  the  attention  of  the  various 
National  Sections  to  the  interest  which  every  country  has  in  the 
legal  limitation  of  the  night  work  of  young  persons  of  both  sexes 
in  these  occupations. 

VL     MAXIMUM  WORKING  DAY. 

##A.  Ten  Hour  Maximum  Working  Day  for  Women  in  Es- 
tablishments Employing  Ten  or  More  Workers. 

The  Delegates'  Meeting  confirms  the  resolutions  of  the  Fifth 
Delegates'  Meeting,  and,  in  view  of  the  fact  that  several  States 
have  by  national  legislation  introduced  the  ten  hour  working  day 
for  women,  believes  that  the  time  has  come  to  extend  this  ten 
hour  working  day  to  all  States  by  international  treaty,  at  least  in 
the  case  of  establishments  employing  ten  or  more  workers. 

The  Bureau  is  authorized  to  take  such  steps  as  may  be  neces- 

285 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

sary  to  bring  about  such  a  treaty,  and  to  draw  up  a  memorandum 
on  the  subject. 

The  Sections  shall  for  this  purpose  report  to  the  Bureau  by 
1st  February,  191 1,  on  the  present  state  of  legislation  and  legal 
decisions  on  the  hours  of  work  of  women  in  their  countries.  The 
Memorandum  of  the  Bureau  shall  be  laid  as  soon  as  possible 
before  a  Special  Commission  of  five  members. 

##B.  Ten  hour  Maximum  Working  Day  for  Young  Per- 
sons. 

In  view  of  the  fact  that  several  States  have  by  national  legis- 
lation introduced  the  ten  hour  maximum  working  day  for  young 
persons,  the  Delegates'  Meeting  believes  that  the  time  has  come 
to  extend  the  same  by  international  treaty  to  all  States. 

The  Bureau  is  authorized  to  take  the  steps  necessary  to  bring 
about  such  a  treaty  and  to  prepare  for  this  purpose  a  Memoran- 
dum which  will  take  into  consideration  the  special  circumstances 
in  individual  States  and  define  exactly  any  exceptions  which  may 
be  necessary. 

The  Sections  shall  for  this  purpose  report  to  the  Bureau  by  ist 
February,  191 1,  on  the  present  state  of  legislation  and  legal  de- 
cisions on  the  hours  of  work  of  young  persons  in  their  countries. 

The  Bureau's  Memorandum  shall  be  laid  as  soon  as  possible  be- 
fore the  Special  Commission  on  the  maximum  working  day  for 
women. 

C.     Ten  Hour  Working  Day  for  Men  in  Textile  Industries. 

The  Commission  considers  it  unnecessary  to  consider  again  the 
question  of  limiting  the  working  day  of  men  in  the  textile  in- 
dustries, since  it  is  of  opinion  that  the  limitation  of  the  working 
day  of  women  necessarily  involves  the  limitation  of  the  working 
day  of  men. 

It  reserves  the  right,  however,  to  take  up  the  Lucerne  resolu- 
tion again,  at  a  later  date,  if  experience  should  show  that  this  is 
necessary. 

#D.     Working  Day  in  Continuous  Processes. 

The  Delegates'  Meeting  considers  the  twelve  hour  day,  which 
is  still  the  general  custom  in  continuous  processes,  to  be  injurious 
to  health.  In  particular,  working  periods  of  18,  24  and  even  36 
hours  (in  changing  shifts)  are  to  be  condemned. 

The  Bureau  is  instructed  to  appoint  a  Special  Commission  as 

286 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

soon  as  possible  and  to  present  to  it  the  material  which  is  now 
available  as  well  as  any  further  material  which  may  be  secured 
through  the  aid  of  the  National  Sections. 

This  Commission  shall  report  in  particular  on  the  following 
points : 

1.  On  the  best  methods  of  arranging  shifts; 

2.  On  the  possibility  of  prohibiting  the  night  work  of  adults  in 
certain  continuous  processes  or  of  regulating  such  work  where  for 
technical  reasons  work  must  be  carried  on  at  night ; 

3.  On  the  necessity  for  the  international  regulation  of  this 
matter. 

The  Delegates'  Meeting  expects  this  Commission  to  prepare 
its  report  and  proposals  for  reform  as  soon  as  possible,  and  at  any 
rate  in  time  for  the  next  Meeting.  A  Sub-Commission  may  be 
appointed  if  necessary  to  investigate  the  conditions  of  certain  In- 
dustries, such  as  the  iron  and  glass  trades. 

E.     Eight-hour  Shift  in  Mines. 

In  pursuance  of  the  resolutions  of  the  Fifth  Delegates'  Meeting 
of  the  International  Association  for  Labour  Legislation  with  re- 
gard to  the  definition  of  the  eight-hour  shift  for  workmen  em- 
ployed below  ground  in  coal  mines,  the  Sixth  Delegates'  Meeting 
is  of  opinion  that  the  length  of  a  shift  should  be  reckoned  as  the 
period  between  the  time  v/hen  the  first  man  of  such  shift  to  de- 
scend leaves  the  surface  until  the  time  when  the  first  man  of  the 
shift  to  return  completes  his  ascent  to  the  surface. 

The  Bureau  is  requested  to  recommend  to  the  various  States 
to  take  this  definition  as  the  basis  of  their  legislation  regulating 
the  duration  of  shifts. 

In  applying  the  above  definition,  the  Sixth  Delegates*  Meeting 
re-affiirms  the  Lucerne  resolution  of  1908  recommending  the  in- 
troduction by  law  of  a  maximum  eight-hour  shift  for  all  under- 
ground workers  in  coal  mines. 

##  F.  Hours  of  Work  in  Specially  Dangerous  or  Unhealthy 
Industries. 

The  Delegates'  Meeting  re-affiirms  the  resolution  of  1906  and 
at  the  same  time  declares  that  it  is  desirable  for  the  proper 
authorities  to  have  legal  power  to  regulate  the  daily  period  of  em- 
ployment of  adult  men  in  processes  and  trades  especially  danger- 
ous to  health. 

287 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

Accordingly  the  Delegates'  Meeting  expresses  the  desire  that 
the  Bureau  will  place  this  subject  upon  the  agenda  of  the  next 
meeting. 

#  VII.     WORKMEN'S  HOLIDAYS. 

The  question  of  holidays  for  workmen  and  employees  shall  be 
placed  upon  the  agenda  of  the  Next  Delegates'  Meeting. 

The  Bureau  is  instructed  to  prepare  a  summary  of  existing  laws 
on  this  subject  in  the  various  countries  and  to  draw  up  statistical 
tables  showing  the  number  of  establishments  in  which  holidays 
are  allowed,  and  the  numbers  of  workmen  and  employees  affected. 

VIII.     HOMEWORK. 

A.     General. 

(i)  The  Delegates'  Meeting  re-affirms  the  declaration  of  the 
Delegates'  Meeting  at  Lucerne  that  the  miserable  position  of  the 
home  worker  is  due  primarily  to  inadequate  payment  and  that 
consequently  it  is  of  the  first  importance  to  find  means  of  raising 
wages. 

Having  this  end  in  view : 

I.  The  Delegates'  Meeting  recommends  afresh  the  organiza- 
tion of  homeworkers  in  trade  unions  and  the  conclusion  of  collec- 
tive wage-agreements.  The  Meeting  regards  the  unfettered  right 
of  combination  as  th  enecessary  basis  of  such  collective  agree- 
ments. In  countries  where  collective  agreements  are  not  yet  le- 
gally recognized  under  existing  law,  recognition  should  be  secured 
in  such  a  manner  as  to  ensure  their  legal  validity  and  their  exten- 
sion when  required  to  homeworkers  in  the  same  occupations  who 
were  not  originally  concerned  in  the  conclusion  of  the  agree- 
ments. The  Delegates'  Meeting  urges  the  National  Sections  to 
get  into  touch  with  existing  organizations  of  workers  with  a  view 
to  promoting  the  conclusion  of  collective  agreements  with  em- 
ployers' federations. 

II.  The  Delegates'  Meeting  recommends  the  adoption  by  legis- 
lation of  the  principle  that  wage  agreements  for  insufficient 
amounts  or  of  an  usurious  nature  should  be  null  and  void,  and  that 
the  conclusion  of  such  agreements  should  be  subject  to  penalties. 
The  Meeting  regards  this  principle  as  essential,  but  at  the  same 
time  it  recognises  that  the  difficulties  of  its  application  are  such 
as  to  prevent  its  adoption  from  being  in  any  degree  a  practical 
solution  of  the  problem. 

288 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

III.  The  Delegates'  Meeting  is  of  the  opinion  that  at  the 
present  time  there  is  no  really  effective  remedy  for  the  evils  of 
home  work  but  the  establishment  of  wages  boards  such  as  those 
provided  for  in  the  British  Act.  The  Meeting  is  of  the  opinion 
that  in  setting  up  these  wages  boards  the  following  principles 
should  be  observed: — 

(a)  The  boards  should  have  power  to  fix  minimum  rates 
of  wages  for  home  workers  in  certain  industries  and  certain 
districts. 

(b)  The  average  daily  earnings  of  persons  employed  in 
workshops  in  the  manufacture  of  the  same  articles  should  not 
fall  below  those  of  home  workers  paid  under  the  conditions 
contemplated  above. 

(c)  The  Delegates'  Meeting  is  of  the  opinion  that  no  legis- 
lation for  fixing  minimum  rates  of  wages  for  home  workers  can 
be  effective  unless  it  provides  for  the  imposition  of  penalties 
upon  employers  who  fail  to  pay  the  prescribed  rates  of  wages. 

(d)  The  Delegates'  Meeting  is  of  the  opinion  that  Inspectors 
should  be  appointed  to  enforce  the  payment  of  the  prescribed 
rates  of  wages. 

(e)  Trade  associations  of  employers  and  workers  should 
have  power  to  take  legal  proceedings  arising  out  of  the  legis- 
lation contemplated  above. 

(2)  The  Meeting  reiterates  and  re-affirms  the  measures 
recommended  at  Geneva  and  Lucerne  (Compulsory  registration, 
publication  of  wages  lists,  extension  of  inspection,  social  insur- 
ance and  sanitary  regulations,  promotion  of  trade  unions,  con- 
sumers' leagues,  etc.). 

(3)  The  Sections  shall  report  to  the  Bureau  every  year  on 
June  1st  on  the  organisation  of  wages  boards,  the  methods  of 
determining  rates  of  wages  and  the  consequent  results,  as  well 
as  on  the  realisation  of  the  resolutions  of  the  Delegates'  Meet- 
ings at  Basle,  Geneva  and  Lucerne.  The  Bureau  shall  then 
compile  a  comparative  report  and  incorporate  the  same  with 
future  editions  of  the  Comparative  Report  on  the  Administration 
of  Labour  Laws. 

(4)  The  Delegates'  Meeting  congratulates  the  British  Gov- 
ernment and  Parliament  on  their  successful  initiative  in  the  mat- 
ter of  the  protection  of  home  workers.    In  addition  the  Bureau 

289 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

is  instructed  to  express  to  the  British  Board  of  Trade  the 
warmest  thanks  of  the  Association  for  the  Memorandum  on  the 
Trade  Boards  Act  presented  to  the  Meeting. 

B.     Machine-made  Swiss  Embroidery,  , 

The  Delegates'  Meeting  considers  that  it  is  desirable  for  hourS 
of  work  in  the  Machine-made  Swiss  embroidery  trade  where 
carried  on  as  a  home  industry,  to  be  uniformly  regulated  in  all 
the  countries  concerned. 

The  Board  is  instructed  to  approach  the  interested  parties 
through  the  medium  of  the  Sections,  and  to  convene,  if  possible 
within  a  year,  a  meeting  of  a  Special  Commission  (consisting  in 
the  first  place  of  representatives  of  Germany,  Austria,  Italy, 
France  and  Switzerland)  appointed  to  report  to  the  next  Dele- 
gates' Meeting  on  appropriate  measures  to  be  adopted  on  this 
matter,  including  transitory  provisions. 

'The  Sections  concerned  are  requested,  within  their  respective 
spheres,  to  take  such  steps  as  may  seem  good  to  them  to  secure 
the  adoption  of  a  uniform  system  of  regulation  and  to  promote 
at  the  same  time  measures  for  the  protection  of  the  home  indus- 
try in  question,  and,  in  particular,  the  institution  or  encourage- 
ment of  so-called  crisis  funds,  which  could  be  secured  for  in- 
stance by  an  agreement  between  Switzerland  and  the  district  of 
the  Vorarlberg  where  the  industry  is  carried  on. 

Should  the  Special  Commission  agree  in  the  meantime  upon 
such  uniform  regulations,  the  Bureau  shall  have  authority,  in  its 
discretion,  to  submit  the  same  to  the  Governments  concerned. 

IX.     INDUSTRIAL  POISONS. 

A.  White  Phosphorus. 

(See  I  International  Labour  Conventions  of  Berne  1906,  2.) 

B.  Lead. 

(a)  Painting  and  Decorating.  The  Delegates'  Meeting  is  of 
the  opinion  that  the  time  has  come  to  prohibit  the  use  of  lead 
paints  and  colours  for  interior  work  and  to  require  that  all 
receptacles  containing  such  colours  shall  be  clearly  marked  to 
that  effect.  The  Bureau  is  instructed  to  approach  the  National 
Sections  on  the  matter,  being  guided  by  the  principles  set  forth 
in  the  petition  submitted  to  the  Meeting.  The  Sections  are  re- 
quested to  give  the  petition  their  active  support  on  its  presentation 
to  their  Governments. 

290 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

(b)  Ceramic  Industry.  The  Delegates'  Meeting  resolves  to 
recommend  to  the  Governments,  by  means  of  a  petition  presented 
by  the  Bureau,  the  following  principles  for  the  regulation  of 
hygienic  conditions  in  the  ceramic  industry. 

Principles  for  the  Regulation  of  Hygienic  Conditions  in  the  Cer- 
amic Industry. 

I.  The  Governments  should  take  steps  towards  the  abolition 
of  the  use  of  lead  in  the  ceramic  industry. 

To  this  end  the  following  measures  should  be  adopted: 

1.  In  the  manufacture  of  china  and  earthenware  fired  at  a 
high  temperature  the  use  of  lead  glaze  should  be  prohibited. 

2.  As  regards  the  manufacture  of  earthenware  fired  at  a  low 
temperature  a  provisional  list  of  articles  should  be  drawn  up 
which  can  at  the  present  time,  be  manufactured  without  lead. 
This  list,  which  would  be  subject  to  extension,  should  contain 
articles  of  common  use  such  as  pots,  washing  basins,  dishes, 
mugs,  bowls,  etc.,  electrical  insulators,  etc. 

3.  As  regards  the  manufacture  of  common  pottery  and  plain 
stove  tiles  fired  at  a  low  temperature,  such  as  are  manufactured 
on  the  Continent  both  in  small  workshops  and  in  the  workers' 
homes,  litharge  and  red  lead  should  be  replaced  by  galena  or  any 
other  less  dangerous  glaze.  The  preparation  and  use  of  unfrit- 
ted  glazes  and  the  fritting  process  should  be  prohibited  in  such 
works. 

The  following  measures  would  tend  to  encourage  the  gradual 
adoption  of  leadless  glazes  in  the  ceramic  industry: 

(a)  The  instruction  and  assistance  of  all  occupiers  in  the 
industry  wishing  to  make  a  practical  trial  of  the  use  of  leadless 
glazes. 

(b)  The  strict  enforcement  of  hygienic  regulations  in  works 
using  lead  glazes. 

II.  Existing  regulations  for  factories  and  workshops  should 
alone  apply  to  establishments  where  leadless  glazes  are  exclusively 
and  permanently  used.# 

Factory  Inspectors  should  have  power  to  take,  for  purposes 
of  analysis  at  any  stage  and  at  any  time,  samples  of  glaze  and 
of  the  substances  used  in  the  preparation  of  the  same. 

291 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

III.  The  following  regulations  should  be  adopted  in  the  case 
cf  works  using  lead  glazes: 

1.  The  proper  authorities  shall  have  power  to  require,  where 
necessary,  the  glazes  used  to  be  modified  in  order  to  prevent 
injury  to  the  health  of  workmen  employed  in  contact  with  the 
same. 

2.  The  mixing,  grinding  and  transportation  of  lead  glazes 
as  well  as  the  lead  used  in  their  preparation,  shall  be  effected 
either  in  a  thoroughly  damp  state  or  in  apparatus  which  permits 
no  dust  to  escape. 

3.  Frit-kilns  must  be  so  arranged  that  the  molten  frit  can 
flow  off  into  water,  and  frits  must  always  be  drawn  off  in  such 
a  manner. 

4.  Calcining  shall  be  effected  in  a  place  separated  from  all 
the  other  workplaces,  and  exhaust  ventilation  in  good  working 
order  shall  be  placed  over  the  openings  of  the  furnace. 

5.  Effective  exhaust  ventilation  shall  be  applied  in  a  suitable 
manner  at  all  points  where  dust  is  generated,  such  as  the  open- 
ings of  grinding  and  mixing  apparatus,  of  transport  apparatus, 
and  of  frit-kilns,  and  benches  where  glazes  are  applied  in  a 
dry  state,  where  glazes  or  colours  are  applied  by  dusting,  or 
where  ware-cleaning  is  carried  on. 

All  places  where  lead  glazes  or  the  lead  used  in  their  prepara- 
tion are  handled  must  be  at  least  3.5  metres  in  height  and  15 
cubic  metres  of  air-space  shall  be  allowed  for  each  workman. 

The  floor  must  be  impervious  and  washable,  and  the  walls 
covered  to  a  height  of  two  metres,  with  a  smooth  and  washable 
coating  or  paint. 

6.  No  glazes  shall  be  manufactured  or  used  In  living  or  sleep- 
ing rooms,  and  no  lead  glazes  or  lead  used  in  their  preparation, 
or  pottery  covered  with  unfired  glaze  shall  be  brought  into  or 
stored  in  such  rooms. 

Where  more  than  five  persons  are  employed  full  time  in  an 


#  Within  the  meaning  of  these  provisions  leadless  non-poisonous  glazes 
shall  mean  all  compositions  or  frits  used  for  glazing  in  the  ceramic  indus- 
try which  contain  not  more  than  1%  of  lead.  Compositions  containing 
no  lead  compound  other  than  galena  shall  be  held  to  be  leadless.  All 
other  glazes  shall  be  held  to  contain  lead  within  the  meaning  of  these 
provisions. 

292 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

undertaking  the  said  processes  shall  not  be  carried  on  in  living 
or  sleeping  rooms  or  in  rooms  where  other  work  is  carried  on, 
nor  shall  glazes,  the  lead  used  in  their  preparation,  or  potteiy 
covered  with  unfired  glaze  be  brought  into  or  stored  in  such 
places. 

7.  On  the  conclusion  of  a  suitable  period  or  transition  no 
female  person  shall  in  any  circumstances  be  employed  in  any 
kind  of  work  whatsoever  which  would  bring  her  into  contact 
with  unfired  lead  glazes  or  compounds  or  with  the  lead  used 
in  their  preparation.  No  male  young  persons  under  eighteen 
years  of  age  shall  be  employed  in  such  work  except  in  so  far  as 
may  be  necessary  for  the  purposes  of  learning  the  trade. 

No  young  persons  under  eighteen  or  women  shall  be  em- 
ployed in  any  circumstances  in  the  calcining  process  or  in  clean- 
ing places  where  the  above-mentioned  substances  or  objects  cov- 
ered with  unfired  glaze  have  been  manipulated  or  stored. 

8.  Hours  of  work  shall  be  reduced  for  all  persons  employed  in 
the  processes  mentioned  in  the  preceding  paragraphs  in  propor- 
tion to  the  dangers  attendant  upon  the  respective  processes,  and 
especially  in  the  case  of  workmen  in  the  calcining  process,  who 
shall  not  be  so  employed  continuously. 

9.  All  workpeople  employed  in  the  manufacture  of  glazes 
containing  lead,  as  well  as  those  who  come  into  contact  with 
raw  glazes  or  the  lead  used  in  their  preparation,  shall  wear  special 
working  clothes. 

10.  The  employer  shall  supply  without  charge  a  sufficient 
quantity  of  suitable  working  clothes,  drinking  and  washing  water, 
glasses,  soap  and  towels.  The  employer  shall  provide  for  the 
washing  of  the  said  working  clothes  and  towels. 

11.  No  person  shall  eat,  drink  or  smoke  in,  or  bring  any 
food,  drink  or  tobacco  into  places  where  lead  glazes  or  the  lead 
used  in  their  preparation  are  handled,  or  which  are  used  for  stor- 
ing these  substances  or  pottery  covered  with  unfired  lead  glazes. 

12.  The  workpeople  in  question  shall  be  examined  every  three 
months  by  a  medical  practitioner,  appointed  by  the  State  Authori- 
ties. The  result  of  the  examinations  shall  be  entered  in  a  register 
kept  for  the  purpose  which  shall  be  open  to  inspection  by  the 
inspecting  authority, 

293 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

13.  No  workman  who  is  suffering  from  lead-poisoning,  or 
wh.0  has  been  found  by  the  medical  practitioner  named  in  Section 
12  to  be  unfit  on  medical  grounds  for  work  in  contact  with  lead, 
shall  be  employed  in  the  above  mentioned  branches  of  the  trade, 
or  in  rooms  where  such  work  is  carried  on,  during  such  period 
as  may  be  fixed  by  the  medical  practitioner,  but  the  employer 
shall  employ  him  elsewhere. 

14.  Two  cloak-rooms  shall  be  provided,  one  for  working  and 
one  for  outdoor  clothes,  with  a  suitable  lavatory  and  bath-room 
between  the  two.     A  messroom  shall  also  be  provided. 

In  small  undertakings  there  shall  be  provided  at  least  dust- 
proof  cupboards  where  the  workers'  outdoor  and  working 
clothes  shall  be  kept  separately,  and  lavatory  accommodation. 

15.  Employers  shall  give  all  workpeople  contemplated  in  para- 
graph 9  on  their  entering  the  employment  printed  instructions 
as  to  the  dangers  of  lead  poisoning  and  its  prevention,  and  shall 
affix  such  instructions  in  the  workplaces. 

16.  In  the  case  of  establishments  using  lead  glazes  so  com- 
posed that  the  consequent  risk  to  health  is  small,  temporary 
exemptions  from  the  preceding  provisions  may  be  allowed  by  the 
authorities  in  exceptional  circumstances. 

(c)  Polygraphic  Industry.  The  Delegates'  Meeting  resolves 
to  recommend  to  the  Governments  by  means  of  a  petition  pre- 
sented by  the  Bureau,  the  following  principles  for  the  regulation 
of  hygienic  conditions  in  the  polygraphic  industry. 
Principles  for  the  Regulation  of  Hygienic  Conditions  in  Printing 
Works  and  Type  Foundries. 

(i)  All  places  in  which  employees  come  into  contact  with 
lead  or  its  alloys  or  compounds  shall  be  well  lighted  and  easily 
heated  and  ventilated.  There  must  be  an  allowance  of  at  least 
15  cubic  metres  of  air  space  and  three  square  metres  of  floor 
space  for  each  person  employed.  Workrooms  in  new  premises 
shall  be  at  least  3  metres  in  height. 

(2)  Work  contemplated  in  Section  i  which  causes  any  con- 
siderable amount  of  dust  or  an  appreciable  rise  of  temperature 
(such  as  the  melting  of  lead  or  type-metal,  the  use  of  more  than 
one  monotype  or  linotype  machine,  stereotyping,  finishing  and 
dressing  type,  and  bronzing  with  powdered  bronze)  shall  be  car- 

294 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

ried  out  in  separate  workrooms  which  must  not  be  in  a  base- 
ment, except  where  the  w'ork  is  carried  on  only  in  exceptional 
circumstances.  In  large  establishments  the  composing  rooms 
must  be  separate  from  other  work-rooms. 

(3)  Rooms  must  be  well  lighted  with  both  natural  and  arti- 
ficial light,  so  as  to  protect  adequately  the  eyesight  of  the  per- 
sons employed,  consideration  being  paid  to  the  nature  of  the 
work. 

(4)  The  floors  of  all  places  mentioned  in  Section  i  shall 
be  without  cracks  and  washable  or  covered  with  a  substance  for 
preventing  dust.  The  walls  must  be  covered  to  a  height  of 
two  metres  with  a  smooth  washable  coating  or  paint  of  light 
colour.  No  shelves  or  other  appliances  where  dust  can  accumu- 
late shall  be  fitted  up,  except  such  as  are  necessary  for  the  work. 

(5)  In  larger  establishments  suitable  lavatories  and  cloak- 
rooms separated  from  the  workrooms  shall  be  provided.  In  small 
establishments  arrangements  shall  be  made  for  employers  to 
keep  their  outdoor  and  working  clothes  in  separate  cupboards, 
and  lavatory  accommodation  with  sufficient  w'ater  laid  on,  to- 
gether with  a  plentiful  supply  of  drinking  water  shall  be  pro- 
vided. In  type  foundries,  large  printing  works  and  works  where 
night  work  is  the  rule,  mess  rooms  shall  be  provided. 

(6)  Women  and  young  persons  under  eighteen  years  of  age 
shall  not  be  employed  in  the  occupations  contemplated  in  Sec- 
tion I,  provided  that  apprentices  may  be  employed  in  any  occupa- 
tions for  the  purposes  of  learning  the  trade,  but  shall  in  no  cir- 
cumstances clean  the  workrooms  or  cases.  The  question  of 
whether  women  should  be  admitted  or  excluded  from  the  occu- 
pations of  composing  and  operating  type-setting  machines,  shall 
be  definitely  decided  after  thorough  investigations  have  been 
made  (see  last  paragraph)  into  the  degree  of  danger  attending 
these  occupations. 

(7)  The  floors  of  all  workplaces,  cloakrooms  and  lavatories, 
shall  be  cleaned  every  day.  Once  a  week  all  rooms  shall  be 
thoroughly  cleaned,  and  after  working  hours  as  far  as  work- 
rooms are  concerned.  A  sUj^cient  number  of  spittoons  shall  be 
provided.  The  workrooms  shall  be  thoroughly  aired  several 
times  a  day. 

295 


THE  INTERNATIONAL   PROTECTION   OF  LABOR 

(8)  Compositors'  tables  and  shelves  must  be  fixed  close  to 
the  floor,  or  else  arranged  in  such  a  way  that  there  is  a  dis- 
tance of  at  least  25  centimetres  between  the  floor  and  the  lowest 
shelf.  Cases  in  regular  use  must  be  cleaned  when  necssary 
and  not  less  often  than  once  in  three  months;  other  cases  must 
be  cleaned  before  use.  The  cleaning  of  the  cases  shall  be  ef- 
fected by  suction,  or  where  necessary  in  the  open  air  provided 
that  suitable  precautions  are  taken  to  protect  the  workers  from 
dust. 

(9)  Melting  pots  and  crucibles  shall  be  fitted  with  sufficiently 
large  pipes  for  drawing  off  their  contents,  and  the  crucibles 
and  pipes  shall  be  covered  so  as  to  be  heat  proof. 

The  temperature  of  workplaces  where  founding,  stereotyping 
or  typesetting  by  machinery  is  carried  on  shall  not  exceed  25" 
centigrade,  unless  the  outdoor  temperature  exceeds  i8°C  in  the 
shade,  in  which  case  the  difference  shall  not  exceed  7°C. 

(10)  Colouring  matter  containing  lead  shall  be  prepared  by 
mechanical  means  only. 

(11)  Bronzing  with  bronze  powder  shall  be  effected  only  by 
machines  allowing  no  dust  to  escape  and  provided  with  exhaust 
ventilation.  Bronzing  with  bronze  powder  shall  not  be  effected 
by  hand,  except  where  the  work  is  undertaken  only  in  exceptional 
circumstances  and  rarely,  in  which  case  respirators  covering 
mouth  and  nose  shall  be  worn. 

(12)  All  workmen  employed  in  occupations  contemplated  in 
Section  i  shall  wear  washable  working  clothes. 

(13)  No  unpurified  and  injurious  substances  shall  be  used 
to  clean  rollers  or  type,  etc. 

(14)  No  persons  shall  eat,  drink  or  smoke  in  the  workplace, 
or  bring  any  food,  drink  or  tobacco  into  them. 

Workmen  shall  wash  their  faces,  mouths  and  hands  before 
every  break  in  work,  and  before  leaving  work.  The  employer 
shall  provide  without  charge  towels  and  soap  and  for  each  work- 
man, a  separate  glass  for  rinsing  the  mouth. 

(15)  Workmen  employed  in  composing,  in  melting  and  cast- 
ing type,  in  linotyping,  in  stereotyping  and  in  finishing  and 
dressing  type,  shall  be  medically  examined  every  three  months 
by  a  medical  practitioner,  approved  by  the  State  authorities  for 
the  purpose. 

296 


LABOR  RESOLUriONS  INTERNATIONALLY  SUBSCRIBED 

Persons  whom  the  medical  practitioner  shall  declare  unfit  shall 
not  be  employed  in  the  occupations  contemplated  in  Section  i 
during  such  period  as  may  be  prescribed  by  him.  The  employer 
shall  be  bound  to  employ  such  persons  in  some  other  manner. 

All  apprentices  shall  be  medically  examined  before  beginning 
their  apprenticeship. 

#In  view  of  the  inadequate  and  inexact  nature  of  the  docu- 
mentary information  available  on  the  extent  to  which  compositors 
and  the  operators  of  type-setting  machines  are  exposed  to  the 
danger  of  poisoning,  a  fresh  investigation  shall  be  undertaken, 
the  results  of  which  shall  be  laid  before  the  Delegates'  Meeting 
at  Zurich  in  1912.     (See  paragraph  6.) 

C.  Protection  of  Homeworkers  from  Industrial  Poisons. 

The  question  of  the  protection  of  homeworkers  from  indus- 
trial poisons  shall  be  placed  upon  the  Agenda  of  the  next  Dele- 
gates' Meeting. 

D.  List  of  Industrial  Poisons. 

The  Delegates'  Meeting  takes  note  of  the  admirable  list  of 
industrial  poisons  drafted  by  Prof.  Sommerfeld  and  amended  by 
Dr.  Fischer  and  the  Commission  in  the  light  of  practical  expe- 
rience, and  expresses  its  sincere  thanks  to  these  two  authors. 

At  the  same  time  the  Meeting  recognises  the  absolute  impossi- 
bility of  drawing  up  a  complete  list  corresponding  to  industrial 
conditions  for  the  time  being  in  all  countries,  without  the  co- 
operation of  the  National  Sections.  The  Bureau  is  requested 
to  transmit  to  the  Sections  and  to  the  Permanent  Council  of 
Hygiene  the  list,  which  is  now  in  course  of  preparation  by  a 
Sub-Commission.  The  sections  shall  thereupon,  with  the  assist- 
ance of  their  respective  Governments,  revise  and  supplement  the 
list  by  April  ist,  191 1.  The  Bureau  shall  then  arrange,  in  agree- 
ment with  the  Permanent  Council  of  Hygiene,  for  the  publication 
of  the  list. 

X.    WORK  IN  COMPRESSED  AIR. 

A.     Work  in  Caissons. 

Since  the  protection  of  workers  in  caissons  cannot  be  regarded 
as  directly  affected  by  international  competition,  it  is  not  a 
subject  for  international  agreement.  But  at  the  same  time  it 
is  expedient  for  the  International  Association  for  Labour  Legis- 

297 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

lation  to  urge  the  various  Governments  to  introduce  legislation 
for  the  protection  of  Caisson  workers  as  has  been  done  in  France 
and  Holland.  The  principles  here  following  should  form  the 
basis  of  such  regulations. 

Principals  for  the  Regulation  of  Work  in  Caissons. 

1.  The  danger  to  life  and  health  to  which  persons  working 
in  caissons  under  a  high  air-pressure  (from  about  1.5  atmos- 
pheres in  excess  of  atmospheric  pressure)  are  in  general  exposed, 
must  be  regarded  as  appallingly  great. 

2.  The  danger  can  be  reduced  to  a  very  considerable  extent 
by  the  adoption  of  suitable  prophylactic  and  therapeutic  meas- 
ures. The  introduction  of  such  measures  consequently  forms  an 
important  branch  of  labour  legislation. 

3.  Protective  measures  cannot  be  expected  to  succeed  un- 
less they  are  designed  on  the  right  lines  and  strictly  carried  out. 
Consequently  it  is  necessary  for  such  regulations  to  be  intro- 
duced by  State  legislation,  and  enforced  by  administrative  au- 
thorities, and  for  contraventions  to  be  punishable. 

4.  Regulations  for  the  protection  of  Caisson  workers  should 
contain  provisions : 

(a)  Requiring  the  admission  of  persons  to  work  in  caissons 
to  be  dependent  upon  the  result  of  a  strict  medical  examination. 

(b)  Requiring  the  organisation  of  a  regular  system  of  med- 
ical supervision  on  the  works  and  wherever  possible  a  permanent 
staff  of  medical  officers. 

(c)  Fixing  exactly  the  periods  of  employment  and  the  man- 
ner of  locking-in  and  unlocking,  according  to  the  depth  of  the 
works  and  the  pressure. 

d)  Prescribing  suitable  hygienic  regulations  respecting  the 
air-supply  in  the  caisson  and  air-locks,  variations  of  temperature, 
accommodation  for  workmen  on  the  works,  the  conduct  of  work- 
men, etc. 

(e)  Prescribing  all  arrangements  necessary  for  the  safety  of 
the  workmen. 

(f)  Ensuring  that  suitable  appliances  for  treating  persons 
taken  ill — especially  a  properly  fitted  up  recompression  lock — 
and  the  necessary  staff  for  attending  them  shall  be  available. 

(g)  Requiring  a  register  to  be  kept  on  the  works  containing: 

298 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

the  name  and  forename  of  every  person  subject  to  medical  ex- 
amination, particulars  of  the  result  of  each  examination,  and 
particulars  of  all  cases  where  medical  treatment  was  given  on  the 
works  and  the  results  of  the  same. 

#B.     Divers. 

Since  divers,  especially  those  employed  in  salvage  operations, 
are  liable  to  be  called  upon  to  work  in  foreign  waters  or  on 
ships  of  a  different  nationality,  it  seems  advisable  that  their 
occupation  should  be  regulated  by  international  agreement. 

The  members  of  the  Permanent  Council  of  Hygiene  shall  col- 
lect from  every  country  the  regulations  and  official  and  private 
instructions  respecting  diving  operations. 

The  International  Labour  Office  shall  thereupon  transmit  copies 
of  these  regulations,  etc.,  to  the  members  of  the  Special  Commis- 
sion, which  shall  prepare  a  report  of  the  subject  for  the  next 
Delegates'  Meeting. 

#XI.  THE  PROTECTION  OF  RAILWAY  SERVANTS 
AND  PREVENTION  OF  ACCIDENTS:  AUTOMATIC 
COUPLING. 

The  Bureau  is  instructed  to  make  a  further  report  to  the 
next  Delegates'  Meeting  regarding  the  international  prevention 
of  accidents  and  the  protection  of  those  employed  on  railroads 
and  in  the  carrying  trade.  The  Sections  are  requested  to  peti- 
tion their  Governments  for  the  introduction  of  automatic  coup- 
lers. 

XII.  WORKMEN'S  INSURANCE.  EQUAL  TREAT- 
MENT OF  FOREIGN  WORKMEN. 

(i)  The  Association  requests  the  American  Section  to  con- 
tinue its  efforts  to  secure  the  passage  in  the  several  States  of  the 
Union  of  suitable  laws  for  insurance  against  sickness  and  acci- 
dent, which  shall  not  discriminate  against  alien  workers  and 
thus  carry  out  Resolution  IX  adopted  at  Geneva,  and  Reso- 
lution X  adopted  at  Lucerne,  and  it  thanks  this  Section  for 
the  initiative  which  it  has  taken  in  this  queston  of  the  protection 
of  immigrants. 

##(2)  A  Special  Commission  is  appointed  with  instruc- 
tions to  seek  ways  and  means  by  which  the  equal  treatment  of 
native  and  foreign  workmen  may  be  guaranteed,  not  only  in 
respect  of  insurance   against   industrial   accidents,   but   also  in 

299 


THE  INTERNATIONAL   PROTECTION   OF  LABOR 


Other   departments   of   social   insurance,   and   to   report   to   the 
next  Delegates'  Meeting. 

(Report  of  the  Sixth  General  Meeting,  Ibid.,  No.  7,  pp.  160- 

174.) 

Exhibit  18. 

Resolutions  of  the  Seventh  Delegates'  Meeting  at  Zurich  {Sept. 

10-12,  191 2.) 
SURVEY 


1.  Publication  of  Reports. 

2.  Finances. 

3.  Bulletin  of  the  International  La- 
bor Office. 

4.  New  National  Section. 

5.  Co-operation  with  other   Inter- 
national Associations. 

6.  Next  Delegates'  Meeting. 

7.  International  Conventions. 

8.  The  Administration  of  Interna- 
tional Labor  Treaties. 

9.  Child  Labor. 

10.  Saturday  Half-holiday. 

11.  Hours   of   labor  in   Continuous 
Industries. 

12.  Protection     of     Railroad     Em- 
ployees. 

13.  Protection  of  Dock  Workers. 

14.  Hygienic  Working  Day. 

15.  Workmen's  Holidays. 

16.  Legal    Relations    between    Em- 
ployers and  Employed. 

17.  The  Truck  System  and  Deduc- 
tions from  Wages. 

1.  Publication  of  Reports. 

The  Bureau  is  requested  to  communicate  with  the  national 
sections  in  order  to  seek  means  of  simplifying  and  expediting 
the  publication  of  the  reports  presented  to  the  Delegates'  Meet- 
ing. 

2.  Finances. 

I.  The  Delegates'  Meeting  acknowledges  with  satisfaction  the 
reports  of  the  Bureau,  the  Treasurer,  and  the  International 
Labour  Office  and  thanks  them  heartily  for  their  activity. 

II.  The  Treasurer's  accounts,  vouchers,  and  cash  have  been 
audited  and  found  correct. 

300 


18.  Home  Work. 

19.  Machine-made  Swiss  Embroid- 
ery. 

20.  List  of  Industrial  Poisons. 

21.  Lead. 

22.  Handling  of  Ferrosilicon. 

23.  Principles  for  the  Protection  of 
Persons  employed  in  Mining,  the 
Construction  of  Tunnels,  Stone 
Quarries  etc.,  on  an  Interna- 
tional Basis. 

24.  The  International  Prevention  of 
Anthrax  amongst  Industrial 
Workers  and  of  Mercurial  Poi- 
soning in  Fur-cutting  and  Hat- 
making. 

25.  Work  in  Caisons. 

26.  Diving  Operations. 

27.  International  Statistics  of  Mor- 
bidity and  Mortality  amongst 
the  Working  Classes. 

28.  Treatment  of  Foreign  Work- 
men under  Insurance  Legisla- 
tion. 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

The  Delegates'  Meeting  wishes  to  express  to  the  retiring  Treas- 
urer, Mr.  Councillor  Wullschleger,  cordial  appreciation  of  his 
past  services. 

III.     The  Budget  for  1912  and  1913  is  approved. 

3.  Bulletin  of  the  International  Labour  Office. 

The  Delegates'  Meeting  thanks  the  British  Government  most 
cordially  for  the  subvention  granted  to  the  International  Labour 
Office,  which  has  enabled  the  Office  to  bring  out  the  English 
Bulletin  in  the  same  form  as  the  French  and  German  Bulle- 
tins, and  to  cover  the  expenses  out  of  the  grants  from  countries 
using  the  English  Edition. 

In  view  of  the  fact  that  under  present  circumstances  the  Eng- 
lish Edition  must,  in  the  interests  of  efficiency,  be  translated 
and  printed  in  an  English-speaking  country,  the  Delegates'  Meet- 
ing approves  the  arrangements  made  by  the  Bureau  in  this 
respect. 

The  Delegates'  Meeting,  nevertheless,  hopes  to  procure  con- 
siderable increases  in  the  contributions  of  English-speaking  coun- 
tries towards  the  International  Association  and  the  International 
Labour  Office,  by  the  foundation  of  new  Sections,  by  the  sup- 
port of  further  Governments,  and  by  increases  in  existing  Gov- 
errmient  subventions. 

4.  New  National  Section. 

The  Delegates'  Meeting  welcomes  the  foundation  of  a  Section 
in  Finland  and  approves  its  statutes. 

5.  Cooperation  with  other  International  Associations. 

I.  The  Delegates'  Meeting  instructs  the  Bureau  to  discuss 
with  the  Presidents  of  the  International  Associations  on  Unem- 
ployment and  on  Social  Insurance,  steps  to  promote  social  re- 
form, tending  to  facilitate  the  work  of  the  three  Associations 
serving  its  ends.  The  Delegates'  Meeting  requests  the  Bureau, 
in  this  connection,  to  see  that  the  autonomy  of  the  International 
Association  for  Labour  Legislation  and  the  liberty  to  choose 
its  branches  of  work  and  the  manner  of  carrying  them  out, 
shall  be  guaranteed,  and  that  the  relations  of  the  national  Sec- 
tions with  the  International  Association  shall  not  be  interfered 
with  in  any  respect.  The  Bureau  is  requested  to  report  to  the 
next  Delegates'  Meeting  on  the  result  of  the  negotiations  in 
order   that   resolutions   may   be   adopted   on   the  matter.      But 

301 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

the  Bureau  is  authorised  to  co-operate  at  once,  subject  to  the 
above  conditions,  with  the  two  other  Associations. 

II.  The  Bureau  is  authorised  to  enter  into  relations  with  the 
Bureau  of  the  International  Home  Work  Congress  with  a  view  to 
co-ordinating  the  efforts  of  the  two  organisations. 

6.  Next  Delegates'  Meeting. 

The  Delegates'  Meeting  resolves  that  the  Vlllth  Delegates' 
Meeting  shall  be  held  at  Berne  in  1914. 

7.  International  Conventions. 

I.  The  Delegates'  Meeting  ratifies  the  steps  taken  by  the 
Bureau. 

II.  The  Bureau  of  the  International  Association  is  instructed 
to  thank  the  Swiss  Department  of  Industry  very  cordially  for 
the  intention  they  have  expressed  of  recommending  to  the  Swiss 
Federal  Council  to  convoke,  at  the  request  of  the  Association,  a 
second  international  conference  on  labour  legislation. 

III.  The  Bureau  of  the  International  Association  is  instructed 
to  express  to  the  Spanish  Government  the  thanks  of  the  Asso- 
ciation for  having  introduced  the  legal  prohibition  of  the  night 
work  of  women. 

IV.  The  Delegates'  Meeting  expresses  most  cordial  thanks 
to  the  Government  of  New  Zealand  and  the  Union  of  South 
Africa  for  their  adhesion  to  the  international  convention  of  Berne 
respecting  the  prohibition  of  the  use  of  white  (yellow)  phos- 
phorus in  the  match  industry ;  to  the  Hungarian  Government  for 
the  prohibition  of  white  phosphorus  in  the  manufacture  of 
matches ;  to  the  Federal  Government  of  the  United  States  for  the 
prohibition  of  the  importation  and  exportation  of  poisonous  phos- 
phorus matches  and  the  imposition  of  a  prohibitive  tax;  and  to 
the  Government  of  the  Mexican  Republic  for  introducing  the 
prohibition  likewise.  The  Association  wishes  on  this  occasion 
to  thank  the  American  Section  again  for  their  zealous  work  in 
promoting  this  legislation. 

V.  The  Bureau  is  instructed  to  continue  their  exertions  in 
those  countries  which  have  not  yet  signed  the  two  Berne  Con- 
ventions. 

VI.  The  Delegates'  Meeting  requests  the  Bureau  to  draw 
the  attention  of  the  national  Sections  to  the  interpretation  given 
in  different  countries  to  the  Berne  Conventions.    The  Bureau  is 

302 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

recommended  to  insert  in  the  quarterly  reports  particulars  of 
information  received  from  the  national  Sections  on  this  matter. 

8.  The  Administration  of  International  Labour  Treaties  and 
of  Labour  Laws, 

I.  The  Delegates  Meeting  invites  the  national  Sections  which 
have  not  yet  done  so,  to  submit  the  petition  on  the  reform  of 
official  statistics  to  their  Governments. 

IL  Since  Art.  5  of  the  International  Convention  of  Septem- 
ber 26th,  1906,  respecting  the  prohibition  of  the  night  work  of 
women  in  industrial  occupations,  provides  that  the  Governments 
should  exchange  through  diplomatic  channels  their  periodical 
reports  on  the  administration  of  laws  and  orders  concerned  with 
the  subject  of  the  Convention,  it  is  desirable  that  these  rejports 
should  be  published  by  the  Signatory  States  in  a  form  such*  as 
to  make  it  possible  for  each  of  the  Governments  concerned  to 
compare  the  standard  of  administration  to  the  labour  treaties 
in  the  other  Signatory  States. 

III.  In  view  of  the  fact  that  it  is  not  possible  to  give  a 
reply  at  present  to  some  o£  the  questions  contained  in  para- 
graphs II  and  III  of  the  proposals  of  the  Bureau,  the  Delegates' 
Meeting  lequests  the  Bureau  to  enter  into  an  agreement  directly 
with  the  Governments  on  the  subject  of  the  elaboration  of  uni- 
form statistics  which  will  enable  it  to  publish  every  four  years 
the  comparative  report  on  the  administration  of  labour  laws. 

With  this  object  the  Governments  shall  be  invited  to  appoint 
an  international  commission  of  statistical  experts  and  inspectors 
of  labour. 

IV.  The  Delegates'  Meeting  requests  the  national  Sections 
to  endeavor  to  persuade  the  Governments  to  appoint  a  large  num- 
ber of  women  inspectors,  and  to  arrange  that  at  least  one  woman 
inspector  shall  be  stationed  in  each  centre  of  industry  where  the 
employment  of  women  or  children  is  general. 

9.     Child  Labour. 

The  Sections  are  requested  to  establish  special  Child  Labour 
Committees  with  the  duty  of: 

(a)  Supplying  the  information  desired  in  the  International 
f^abour  Office's  questionnaire,  and 

(b)  Reporting,  on  the  basis  of  this  information,  to  the  next 

303 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

Delegates'  Meeting  on  ways  and  means  of  carrying  out  and  ex- 
tending the  existing  laws  for  the  protection  of  children. 

The  Bureau  shall  prepare  a  comparative  survey  of  these  re- 
ports, and  present  it  to  the  International  Special  Commission 
on  Child  Labour.  This  Commission  shall  submit  definite  pro- 
posals to  the  next  Delegates'  Meeting. 

10.  Saturday  Half -holiday. 

In  view  of  the  fact :  That  a  free  Saturday  afternoon  is  neces- 
sary in  order  to  give  working  women  a  real  rest  on  Sundays ; 

That  this  institution  alone  is  able  to  insure  to  the  workers 
in  every  week  a  full  day  of  family  life; 

That  this  Saturday  half -holiday  is  already  introduced  wholly 
or  partially  for  children,  young  persons  and  women,  and  even 
for  adult  workmen  in  the  legislation  of  the  German  Empire,  the 
United  Kingdom,  Greece,  the  Netherlands  and  Switzerland; 

That  the  initiative  of  the  employers'  and  workmen's  associa- 
tions is  endeavoring  to  promote  the  extension  of  the  Saturday 
half-holiday  in  all  industrial  countries; 

The  Delegates'  Meeting  desires  that  the  Saturday  half-holi- 
day for  women  workers  and  young  persons  should  be  made 
the  subject  of  an  international  convention;  and  instructs  the 
sub-commission  on  the  maximum  lo  hours  working  day  to  draw 
up,  in  conjunction  with  the  Bureau,  a  report  to  be  laid  before 
the  next  Delegates'  Meeting. 

11.  Hours  of  Labour  in  Continuous  Industries. 

I.  In  view  of  the  resolutions  of  the  Lugano  meeting  and 
of  the  facts  presented  to  the  special  Commission  in  London, 
the  Delegates*  Meeting  is  of  the  opinion  that  the  eight  hour 
shift  in  continuous  industries  (industries  working  night  and 
day)  is  the  best  shift  system  for  such  work  and  should  be 
strongly  recommended  both  from  the  point  of  view  of  the  phys- 
ical and  moral  welfare  of  the  workers  and  in  the  social  and 
economic  interest  of  society  generally. 

II.  The  Delegates'  Meeting  is  of  the  opinion  that  the  reports 
presented  by  the  different  national  Sections  have  shown  that 
in  the  iron  and  steel  industries  (blast  furnaces,  iron  and  steel 
works,  rolling  mills)  the  eight  hour  day  is  very  necessary  and  is 
practicable  for  the  shift  workers. 

The  Delegates'  Meeting  instructs  the  Bureau  to  request  the 

304 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

Swiss  Federal  Council  to  address  to  the  Governments  as  soon 
as  possible  the  request  to  arrange  a  conference  of  the  inter- 
ested States  with  a  view  to  arriving  at  an  international  agree- 
ment as  to  the  introduction  of  the  eight  hour  day  for  those 
workers. 

III.  The  Delegates'  Meeting  is  of  the  opinion  that  as  re- 
gards glass  works,  the  investigations  are  sufficiently  advanced 
for  the  conclusion  at  any  rate  of  an  international  convention 
on  the  basis  of  a  working  week  of  56  hours  on  the  average  with 
an  uninterrupted  weekly  rest  of  24  hours.  The  Bureau  is  re- 
quested to  choose  the  most  favorable  time  for  taking  steps  to 
this  end. 

IV.  The  Delegates'  Meeting  is  of  the  opinion  that  as  regards 
other  continuous  industries  the  national  Sections  should  by  in- 
vestigations prepare  the  way  for  the  introduction  of  the  eight 
hour  day  or  of  a  corresponding  maximum  week. 

(a)  In  continuous  industries,  where  the  working  day  (i.  e., 
hours  during  which  the  workmen  are  required  to  be  present  at 
the  works)  exceeds  ten  hours  in  24,  or  where  each  set  of  men 
works  more  than  six  shifts  per  week. 

(b)  And  in  those  industries  (e.  g.  paper  and  pulp  mills,  chem- 
ical industries)  where  conditions  seem  to  be  ripe  for  the  intro- 
duction of  the  three  shift  system  in  many  countries. 

12.     Protection  of  Railway  Employees. 

I.  The  Bureau  is  instructed  to  approach  the  railway  admin- 
istrations of  all  countries  and  request  them  to  complete  the  tables 
respecting  time  on  duty,  hours  of  work,  night's  rest,  leave,  days 
of  rest. 

II.  These  tables  shall  then  be  submitted,  together  with  any 
other  results  from  inquiries  now  in  progress,  to  a  special  Com- 
mission consisting  of  seven  members.  This  Commission  shall 
report  before  the  next  Delegates'  Meeting  assembles  on: 

(a)  The  diversity  in  the  number  of  accidents  among  em- 
ployees of  the  same  class  in  different  countries  and  if  possible 
on  the  causes  of  this  diversity. 

(b)  The  differences  in  the  organisation  of  the  service  (time 
on  duty,  hours  of  work,  overtime,  periods  of  rest,  length  of  the 
day  of  rest,  days  of  leave)  and  on  the  causes  of  these  differences 
as  far  as  they  can  be  ascertained. 

305 


THE   INTERNATIONAL  PROTECTION   OF   LABOR 

(c)  Institutions  for  the  settlement  of  disputes,  respecting 
hours  of  work  and  wages  in  the  railway  service,  and  their  suc- 
cess. 

(d)  The  basis  of  statistics  of  sickness  in  the  railway  service. 
III.     The  special  Commission  shall  have  authority  to  institute 

analogous  investigations  respecting  the  conditions  of  labour  of 
telegraphists  (including  radio-telegraphists)  and  telephonists. 

13.  Protection  of  Dock  Workers. 

The  Bureau  is  instructed  to  request  the  national  Sections  of 
countries  having  seaports  to  make  an  investigation  into  the 
labour  conditions  of  dock  workers  with  special  reference  to 
the  number  of  hours  worked,  and  to  report  before  the  next  Del- 
egates' Meeting. 

When  instituting  investigations  into  the  hours  of  work  of 
dock  labourers  the  national  Sections  shall  likewise  have  the  duty 
of  considering  the  question  of  maximum  loads  for  dock  labour- 
ers. 

14.  Hygienic  Working  Day. 

I.  The  Bureau  is  instructed  to  express  the  thanks  of  the 
Association  to  the  Governments  which  have  instituted  special 
inquiries  into  the  hours  of  labour  in  particularly  unhealthy  trades, 
and  requests  them  and  other  Governments  to  extend  their  in- 
quiries to  other  unhealthy  industries  which  are  not  mentioned 
in  the  list  of  May,  1912.  The  supplementary  list  shall  be  drawn 
up  by  the  Bureau  after  consultation  with  the  Permanent  Council 
of  Hygiene. 

II.  A  special  Commission  shall  be  appointed  by  the  Bureau 
in  agreement  with  the  national  Sections  and  the  Permanent 
Council  of  Hygiene,  with  the  duty  of  drawing  up  a  memorial 
containing  particulars  of  existing  legislation,  of  the  hours  of 
labour  actually  prevailing,  and  of  the  accident,  sickness  and 
mortality  rates  in  all  trades  considered  to  be  dangerous  and  un- 
healthy, and  also  proposals  respecting  the  prohibition  of  the  em- 
ployment of  children,  young  persons  and  women,  and  the  limita- 
tion of  their  hours  of  labour,  and  also  of  those  of  adult  men. 
This  memorial  shall  be  submitted  in  proof  to  the  next  Delegates' 
Meeting. 

15.  Workmen's  Holidays. 

The  national  Sections  are  requested  to  approach  their  Gov- 

306 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

ernments  with  a  petition  that  they  will  complete  the  inquiries  into 
workmen's  holidays. 

i6.     Legal  Relations  between  Employers  and  Employed. 

The  Delegates'  Meeting  requests  the  Bureau  to  ask  the  Sec- 
tions whether  and  how  far  they  are  disposed  to  draw  up  a 
statement  of  the  existing  legal  prescriptions  and  customs  in  their 
countries  which  regulate  the  individual  and  collective  relations 
between  employers  and  employed  both  in  the  course  of  and  out- 
side employment,  and  to  communicate  the  results  to  the  Inter- 
national Labour  Office. 

17.     The  Truck  System  and  Deductions  from  Wages. 

I.  In  view  of  the  abuses  which  have  arisen,  in  a  great  num- 
ber of  industries,  in  respect  of  the  use  of  disciplinary  fines  and 
deductions  for  damages,  as  well  as  of  the  numerous  varieties 
in  the  truck  system  (payment  in  kind,  or  by  means  of  bonds 
and  tickets  to  be  drawn  on  the  establishment  of  the  employer), 
of  which  the  general  result  is  to  reduce  the  wages  of  unskilled 
workers  and  women,  the  Delegates'  Meeting  requests  the  national 
Sections  to  submit  to  their  respective  Governments,  in  accord- 
ance with  the  spirit  of  protective  legislation  already  in  force, 
legislative  proposals  as  follows : 

(a)  In  all  industries,  whether  carried  on  in  the  factory  or 
the  home,  the  payment  of  wages  in  kind  or  by  means  of  bonds 
payable  in  the  form  of  goods  on  sale  in  establishments  conducted 
by  the  employers  shall  be  prohibited  in  principle. 

(b)  The  whole  system  of  fines  and  deductions  for  damage 
(the  case  of  wilful  and  malicious  damage  only  excepted)  shall 
be  abolished.  Provided  that,  even  in  the  case  of  malicious  dam- 
age, the  employer  shall  not  be  authorised  to  impose  any  penalty 
without  the  order  of  the  Court.  Where  the  complete  suppres- 
sion of  deductions  does  not  appear  to  be  immediately  possible, 
such  deductions  shall  neither  be  established  nor  exacted  except 
by  agreement  either  with  the  workpeople  concerned,  or  with 
their  organizations  where  any  such  organization  exists. 

(c)  Materials  (used  in  the  process  of  manufacture)  must 
be  furnished  gratuitously  by  the  employer  to  the  factory  worker 
and  the  home  worker  alike.  In  the  case  of  tools  supplied  to 
the  worker  by  the  employer  any  charge  made  by  the  employer 
shall  be  for  the  cost  price  only. 

307 


THE  INTERNATIONAL  PROTECTION   OF   LABOR 

The  Sections  are  requested  to  forward  by  every  means  in 
their  power  the  drafting  and  discussion  of  Bills  embodying  the 
desire  expressed  by  the  Delegates'  Meeting. 

II.  In  certain  countries  there  exist  Pension  and  Thrift  funds 
to  which  workmen  and  employees  are  compelled  to  subscribe. 
In  case  of  annulment  of  their  engagements  for  any  cause,  they 
lose  the  rights  which  they  have  acquired  by  the  payment  of 
these  subscriptions.  The  Delegates'  Meeting  recommends  the 
passing  of  laws  securing  to  workmen  compelled  to  pay  these  sub- 
scriptions the  repayment  of  all  sums  contributed  by  them,  should 
they  be  dismissed  before  they  have  acquired  a  right  to  pension. 

III.  The  Delegates'  Meeting  requests,  in  addition,  that  legis- 
lative steps  should  be  taken  to  remove  the  abuses  which  have 
arisen  in  connection  with  the  building  of  working  men's  dwell- 
ings erected  in  order  to  deprive  the  workman  of  the  exercise  of 
rights  with  which  legislation  has  invested  him  for  the  protection 
of  his  interests. 

1 8.     Home  Work. 

The  Delegates'  Meeting  declares  again  most  emphatically, 
in  view  of  the  fresh  studies  and  experimental  inquiries  made 
during  the  two  years  last  past,  that  the  miserable  conditions  of 
a  large  proportion  of  the  home  workers  is  caused  especially  by 
their  absolutely  insufficient  wages,  and  that  no  improvement 
can  be  hoped  for  so  long  as  means  are  not  found  to  raise  wages. 

To  this  end  the  Delegates'  Meeting  recommends  again: 

I.  The  organisation  of  home  workers  in  trade  unions  and  the 
conclusion  of  collective  wage  agreements.  The  meeting  regards 
the  unfettered  right  of  combination  as  the  necessary  basis  of 
such  collective  agreements.  In  countries  where  collective  agree- 
ments are  not  yet  legally  recognised  under  existing  law,  recogni- 
tion should  be  secured  in  such  a  manner  as  to  ensure  their  legal 
validity  and  their  extension  when  required  to  home  workers  in 
the  same  occupations  who  were  not  originally  concerned  in  the 
conclusion  of  the  agreement.  The  Delegates'  Meeting  urges  the 
national  Sections  to  get  into  touch  with  the  existing  organisa- 
tions of  workers  with  a  view  to  promoting  the  conclusion  of 
the  collective  agreements  with  employers  and  employers'  federa- 
tions. 

II.  The  adoption  by  legislation  of  the  principle  that  wage 

308 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

agreements  for  insufficient  amounts  or  of  an  usurious  nature 
should  be  null  and  void,  and  that  the  conclusion  of  such  agree- 
ments should  be  subject  to  penalties.  The  meeting  regards  this 
principle  as  essential,  but  at  the  same  time,  it  recognises  that  the 
difficulties  of  its  application  are  such  as  to  prevent  its  adoption 
from  being  in  any  degree  a  practical  solution  of  the  problem. 

III.  The  Delegates'  Meeting  believes  that  any  legislation  in 
favour  of  home  workers  will  be  ineffective  so  long  as  it  is  not 
founded  on  minimum  rates  fixed  by  wages  boards  constituted 
according  to  the  following  principles. 

(i)  The  board  shall  be  composed  of  an  equal  number  of  em- 
ployers and  employees,  chosen  generally  by  the  parties  or,  if 
this  is  impossible,  by  bodies  acting  on  their  behalf  or  failing 
these,  by  the  Government. 

The  President  shall  not  be  an  employer  or  an  employee  and 
shall  be  elected  by  the  board.  The  Government  shall  appoint 
him  in  case  of  disagreement.    He  shall  have  the  casting-vote; 

(2)  The  minimum  wage  shall  be  fixed  so  that  a  home  worker 
of  ordinary  capacity  may  earn  as  time  wage  a  sum  approximately 
equal  to  fair  wages  paid  in  factories  and  workshops  where  similar 
trades  are  carried  on  in  the  town  or  district.  The  wage  must 
be  at  least  high  enough  to  ensure  to  the  worker  under  normal 
living  conditions  sufficient  food  and  healthy  housing; 

(3)  The  board  shall  fix  officially  the  minimum  wage  and  pub- 
lish it  at  once; 

(4)  If  possible  the  board  shall  establish  a  scale  of  minimum 
wages  rates  for  all  the  different  operations  of  the  trade; 

(5)  To  the  amount  of  wages  must  be  added  the  cost  of  tools 
and  materials  furnished  by  the  worker,  the  value  of  time  wasted, 
etc.; 

(6)  The  minimum  wage  must  be  paid  to  the  worker  net  with- 
out any  deduction  in  favour  of  employer  or  middleman ; 

(7)  If  collective  agreements  exist  in  a  trade,  the  minimum 
wage  board  must  endeavour  to  extend  the  benefits  of  such  col- 
lective agreements  to  all  home  workers  also ; 

(8)  For  operations  not  included  in  the  scale  named  under 
(4)  the  employer  must  prove  in  each  particular  case  coming 
before  the  board  that  the  conditions  allow  the  average  worker 
to  earn  at  least  the  minimum  time  wage. 

309 


THE   INTERNATIONAL   PROTECTION   OP  LABOR 

Disputes  shall  be  settled  by  the  wages  boards; 

(9)  The  board  shall  establish  likewise  scales  of  payment,  and 
if  possible  minimum  wages,  for  the  apprentices  in  the  trade, 
even  where  the  apprentices  are  employed  in  workshops; 

(10)  Every  violation  of  the  law  shall  constitute  a  penal  of- 
fence in  each  case  and  in  respect  of  each  worker  concerned; 

(11)  Every  trade  organisation  and  any  person  interested  in 
the  trade  and  every  society  qualified  for  the  purpose  may  inform 
the  board  that  wages  paid  are  below  the  minimum  wage  fixed 
for  the  trade.  All  such  persons  or  organisations  may  take  legal 
action ; 

(12)  The  minimum  wages  fixed  by  the  local  boards  may 
be  reviewed  by  a  central  commission  of  revision  acting  officially 
and  without  delay.  This  commission  may  modify  and  co-ordi- 
nate local  decisions.  The  Governments  shall  select  the  members 
of  such  commission  in  equal  numbers  from  the  employers  and 
employees  composing  the  local  boards. 

IV.  The  Delegates'  Meeting  invites  the  Members  of  Parlia- 
ment belonging  to  the  International  Association  to  introduce, 
or  cause  to  be  introduced,  bills  corresponding  to  the  accepted 
resolution. 

The  national  Sections  are  requested  to  engage  in  an  energetic 
campaign  in  order  to  convince  the  public  of  the  necessity  of  fixing 
minimum  wages  for  home  industries. 

19.     Machine-made  Swiss  Embroidery. 

The  Delegates'  Meeting  still  considers  it  desirable,  under  the 
provisions  .of  the  Lugano  resolutions  of  1910,  to  make  uniform 
regulations  for  hours  of  work  in  the  Swiss  Embroidery  Home- 
industry,  and  so  far  as  possible  to  prohibit  night  work.  But  in 
view  of  the  fact  that  since  the  Meeting  of  Lugano  progress  has 
been  made  in  the  introduction  of  automatic  embroidery-machines 
in  factories,  and  that  similar  machines  will  probably  be  intro- 
duced in  the  next  few  years  to  an  increasing  extent,  the  Delegates' 
Meeting  considers  it  desirable  that  when  regulations  are  made 
concerning  hours  of  labour  in  small  establishments,  regulations 
should  be  made  at  the  same  time  respecting  hours  of  labour  in 
factories  using  automatic  machines.  Such  regulation  is  neces- 
sary because  automatic  machines,  since  attended  by  adult  men 
only,  may  be  run  unlimited  hours,  both  day  and  night,  although 

310 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

there  is  no  technical  reason  for  such  continuous  labour;  while 
the  other  machines  tended  by  women  also,  arc  subject  to  certain 
legal  limitations  as  to  hours  of  labour. 

The  Bureau  of  the  International  Association  for  Labour  Legis- 
lation is  instructed  (i)  to  draw  the  attention  of  the  countries 
concerned  (Germany,  Switzerland,  Austria,  France,  the  United 
States,  Italy,  Russia)  to  the  danger  which  threatens  the  entire 
embroidery  industry  as  a  result  of  overtime,  and  even  more  of 
the  continuous  operation  of  the  automatic  embroidery  machines, 
and  (2)  to  request  the  Governments  to  take  steps  as  soon  as 
possible  by  means  of  international  agreements,  to  establish  such 
uniform  regulations  as  shall  protect  the  interests  of  the  embroid- 
ery industry. 

The  Bureau  is  instructed  to  inform  the  Sections  of  the  differ- 
ent countries,  within  three  months,  of  the  steps  it  has  taken 
in  approaching  the  Governments  with  a  view  to  the  realisation 
of  this  object. 

20.  List  of  Industrial  Poisons. 

I.  The  Delegates'  Meeting  expresses  its  thanks  to  the  authors 
of  the  list  of  industrial  poisons.  Dr.  Sommerfeld  and  Dr.  Fischer, 
to  the  Institute  of  Industrial  Hygiene  at  Frankfurt-on-Main,  and 
to  the  member  of  the  Permanent  Council  of  H3^giene  who  re- 
ported on  the  matter.  Dr.  Teleky. 

II.  The  Delegates'  Meeting  notes  with  pleasure  that  the  list 
of  industrial  poisons  has  been  translated  into  English,  French, 
Italian  and  Finnish  and  hopes  that  the  other  national  Sections 
will  follow  this  example. 

III.  The  Permanent  Council  of  Hygiene  is  requested  to  under- 
take a  revision  of  the  list  of  industrial  poisons  every  four  years. 

21.  Lead. 

I.  Painters  and  Decorators.  The  Delegates'  Meeting,  noting 
with  satisfaction  that  the  use  of  colours  containing  lead  in  the 
painting  of  the  interior  of  buildings  has  been  prohibited  in  sev- 
eral countries,  requests  the  national  Sections  to  present  reports 
on  investigations  which  have  been  undertaken  in  their  countries, 
and  in  particular  on  inquiries  and  experience  relating  to  the  use 
of  colours  not  containing  lead  in  the  painting  of  metal  in  engi- 
neering workshops  and  similar  works. 

3" 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

II.  Polygraphia  Industry.  In  view  of  the  inadequacy  of  the 
information  available  respecting  the  danger  of  poisoning  to  which 
women  are  exposed  when  employed  in  type-setting,  whether  by 
hand  or  by  linotypes,  the  inquiry  should  be  continued. 

The  French  and  British  Sections  are  requested  to  undertake 
inquiries  from  the  hygienic  and  medical  point  of  view  and  to 
present  the  results  to  the  next  Delegates'  Meeting. 

III.  Ceramic  Industry.  The  national  Sections  are  requested 
to  report  on  the  application  in  their  countries  of  the  regulations 
already  presented  to  the  Governments  respecting  hygienic  con- 
ditions in  the  ceramic  industry,  with  a  view  to  the  conclusion  of 
an  International  Convention  on  the  restriction  of  the  use  of  lead 
in  the  ceramic  industry. 

22.     Handling  of  Ferrosilicon. 

I.  The  Bureau  is  instructed  to  present  the  following  principles 
to  the  Governments: 

Principles  for  the  prevention  of  risks  involved  in  the  convey- 
ance of  ferrosilicon. 

(i)  Ferrosilicon — especially  when  prepared  by  the  electrical 
method — gives  rise  to  dangerous  gases,  in  particular  phosphuret- 
ted  hydrogen  and  arseniuretted  hydrogen,  merely  by  the  action 
of  dampness  in  the  air.  This  causes  the  risk  of  poisoning  and 
explosion. 

(2)  In  order  to  avoid  poisoning  and  explosions,  ferrosilicon 
should  be  secured  against  wet  and  dampness  both  in  storing  and 
transport.  The  ferrosilicon  itself,  the  packing  cases  and  pack- 
ing materials  must  be  dry,  that  is  to  say,  free  from  water  and 
also  from  ice. 

(3)  Packing  cases  ought  to  be  water-tight  and  so  durably 
constructed  that  they  cannot  be  damaged  in  transport.  Unpacked 
ferrosilicon  should  only  be  kept  in  places  secure  against  wet. 

(4)  The  rooms  in  which  ferrosilicon  is  stored,  or  transported 
should  be  so  constructed  that  they  can  be  thoroughly  ventilated 
and  they  should  always  be  kept  ventilated.  In  this  connection 
care  should  be  taken  to  see  that  the  gases  given  off  cannot  pene- 
trate to  living  rooms.  Such  rooms  ought  consequently  to  have 
no  connection  whatever  with  rooms  in  which  there  is  any  ferro- 
silicon, packed  or  unpacked. 

(5)  Occupiers  or  persons  who  store  or  transport  ferrosilicon 

312 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

should  be  req  .ired  not  only  to  adopt  the  necessary  precautionary 
measures  in  a  suitable  manner,  but  also  to  instruct  persons  com- 
ing into  contact  with  ferrosilicon  as  to  its  dangers. 

11.  Further  inquiries  ought  to  be  made  into  the  question  of 
whether  ferrosilicon  containing  less  than  30  per  cent,  or  more 
than  70  per  cent,  of  silicon  involves  a  risk  of  poisoning  or  not, 
and  into  the  possibility  of  prohibiting  the  manufacture  of  ferro- 
silicon containing  from  30  to  70  per  cent,  of  silicon. 

23.  Principles  for  the  Protection  of  Persons  Employed  in 
Mining,  the  Construction  of  Tunnels,  Stone  Quarries,  etc.,  on  an 
International  Basis. 

I.  Ankylostomiasis.  In  view  of  the  serious  danger  caused  by 
ankylostomiasis  not  only  to  miners  and  tunnel  workers,  but  also 
to  the  whole  working  population  of  certain  districts,  and  of  the 
excellent  results  obtained  by  suitable  supervision  and  treatment 
of  the  workers,  it  appears  expedient  that  ankylostomiasis  should 
be  checked  as  soon  as  possible  by  means  of  an  international 
agreement. 

The  Bureau  is  requested  to  appoint  a  sub-commission  to  draw 
up  detailed  provisions  on  the  basis  of  the  following  principles, 
and  to  seek  ways  and  means  for  bringing  about  an  international 
agreement  on  this  matter.     The  principles  to  be  observed  are: 

(i)  Shipping  companies  conveying  emigrant  workers  from 
infected  countries  should  be  required  to  undertake  the  exam- 
ination of  such  workers  and  the  treatment  of  persons  affected 
with  the  disease. 

(2)  Persons  emigrated  from  affected  areas  should  undergo 
medical  examination  with  a  view  to  the  detection  of  ankylos- 
tomiasis, before  being  engaged  to  w^ork  in  mines,  the  construction 
of  tunnels,  stone  quarries,  or  brick  works. 

(3)  In  mines,  tunnelling  operations,  stone  quarries  and  brick 
works,  a  series  of  measures  are  necessary:  as,  for  example,  the 
collection  and  removal  in  a  manner  not  open  to  objection,  of 
human  refuse  (regular  and  clean  sanitary  conveniences),  the 
exercise  of  special  cleanliness,  dry  workplaces,  medical  exam- 
ination, and  the  provision  of  medical  treatment  and  suitable 
remedies. 

(4)  It  is  necessary  for  the  medical  men  entrusted  with  the 

313 


THE   INTERNATIONAL   PROTECTION   OF   LABOR 

examinations  and  supervision  in  question  to  be  suitably  trained. 

II.  Protection  of  workers  in  mines,  tunnelling  operations  and 
stone  quarries.  The  Bureau  is  requested  to  undertake,  in  con- 
sultation with  technical  experts  in  mining  in  the  different  coun- 
tries, a  comparative  study  of  legislation  for  the  protection  of 
miners  on  the  basis  of  the  principles  drafted  by  Dr.  Fischer, 
and  to  submit  a  memorial  on  the  subject  to  the  next  Delegates' 
Meeting. 

Provisions  respecting  the  protection  of  workers  in  tunnelling 
operations  and  stone  quarries  should  be  prepared  in  a  similar 
\nanner,  but  drawn  up  separately. 

24.  The  International  Prevention  of  Anthrax  amongst  In- 
dustrial Workers  and  of  Mercurial  Poisoning  in  Fur-cutting  and 
Hat-making. 

The  question  of  anthrax  is  referred  to  a  sub-commission,  which 
shall  submit  detailed  proposals  to  the  next  Delegates'  Meeting. 
In  addition,  a  sub-commission  shall  submit  to  the  next  Delegates' 
Meeting  detailed  proposals  respecting  the  prevention  of  mercurial 
poisoning  in  fur-cutting  and  hat-making. 

25.  Work  in  Caissons. 

The  Delegates'  Meeting  requests  the  Bureau  to  arrange  for 
the  Permanent  Council  of  Hygiene  to  draw  up,  with  the  co-op- 
eration of  experts,  a  memorial  respecting  the  results  of  experience 
as  regards  work  in  caissons  and  showing  how  use  may  be  made 
of  such  experience  in  practice. 

This  memorial  shall  be  submitted  to  the  next  Delegates'  Meet- 
ing and  afterwards  presented  to  the  Governments 

25.     Diving  Operations. 

The  Delegates'  Meeting  requests  the  Bureau  to  arrange  for 
the  Permanent  Council  of  Hygiene  to  draw  up,  with  the  co-op- 
eration of  experts,  a  report  on  the  possibility  and  desirability 
of  establishing  international  regulations  for  diving  operations. 

27.  International  Statistics  of  Morbidity  and  Mortality 
amongst  the  Working  Classes. 

I.  The  Bureau  is  requested  to  present  to  the  next  Delegates' 
Meeting,  with  the  co-operation  of  the  national  Sections  and  of  the 
Permanent  Council  of  Hygiene,  a  report  on  the  essential  differ- 
ences in  the  morbidity  and  mortality  statistics  relating  to  the 

314 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

working  classes  in  the  different  trades  and  in  the  different  coun- 
tries, and  to  make  proposals  on  the  question  of  how  tliese  diverg- 
encies can  be  removed. 

II.  In  addition,  the  national  Sections  are  requested  to  report 
not  later  than  July  ist,  1913,  for  the  next  Delegates'  Meeting, 
on  the  methods  of  compiling,  and  the  present  position  as  regards, 
morbidity  and  mortality  statistics  relating  to  the  working  classes. 

III.  The  Delegates'  Meeting  recommends  that  the  aim  of 
these  reports  should  be  especially  the  establishment  of  a  uniform 
classification  of  the  causes  of  death  in  the  different  occupations, 
in  order  that  the  Governments  may  adopt  it  as  the  basis  of  uni- 
form statistics  of  mortality  by  trades. 

28.  Treatment  of  Foreign  Workmen  under  Insurance  Legis- 
lation. 

I.  In  connection  with  the  resolutions  adopted  by  the  Delegates' 
Meeting  at  Basel  (1901  and  1904),  Geneva  (1906),  Lucerne 
(1908)  and  Lugano  (1910)  respecting  the  treatment  of  foreign 
workers  under  Insurance  Legislation,  the  Delegates'  Meeting  ex- 
presses thanks  in  the  first  place  to  the  States  and  Governments 
which  have  given  effect  as  far  as  possible  in  their  national  legis- 
lation and  in  international  treaties  to  the  principles  recommended 
by  the  International  Association. 

The  Delegates'  Meeting  again  requests  the  American  Section 
to  continue  its  efforts  to  secure  the  passage  in  the  several  States 
of  the  Union  of  suitable  laws  for  insurance  against  sickness  and 
accident,  which  shall  not  discriminate  against  alien  workers  and 
thus  carry  out  Resolution  IX  adopted  at  Geneva,  and  Resolution 
X  adopted  at  Lucerne,  and  it  thanks  this  Section  for  its  activity 
in  this  matter. 

II.  The  Governments  represented  at  the  meetings  of  the 
Association  and  the  national  Sections  are  again  urgently  recom- 
mended to  see  that^  these  principles  are  developed  and  extended 
in  sickness,  accident,  old  age  and  invalidity  insurance  legisla- 
tion. 

The  Delegates'  Meeting  draws  the  attention  of  the  national 
Sections  and  the  Governments  concerned  also  to  the  various 
systems  of  maternity  insurance.  These  systems  should,  as  far 
as  possible,  fix  a  uniform  period  of  benefit  of  8  weeks,  and 

315 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

also  approximately  equal  maintenance  benefits,  in  order  that,  in 
cases  of  difference  of  domicile  and  country  of  insurance,  it  may 
be  easier  to  effect  a  transfer  or  make  over  the  insurance  in  pur- 
suance of  international  agreements. 

III.  As  regards  the  execution  of  the  wishes  expressed  under 
II,  the  Delegates'  Meeting  draws  attention  especially  to  the  fol- 
lowing points: 

(i)  As  regards  the  benefits  paid  by  insurance  institutions 
to  foreigners,  no  difference  should  be  made  between  the  sub- 
jects of  a  State  and  Foreign  workmen  in  all  countries  and 
branches  of  insurance  in  which  the  State  does  not  directly  sup- 
plement either  the  premiums  or  the  benefits. 

(2)  But  where  the  grants  are  made  out  of  public  money, 
the  benefits  paid  to  insured  foreigners  and  their  dependents  may 
be  reduced  in  comparison  to  those  paid  to  subjects  of  the  State 
at  most  by  an  amount  corresponding  approximately  to  such 
grants. 

(3)  The  Governments  should  take  the  necessary  measures 
by  means  of  international  agreements  to  render  the  provisions 
of  No.  2  unnecessary. 

(4)  It  should  be  made  possible  by  international  agreements 
to  settle  the  claims  of  insured  persons  and  their  dependents  liv- 
ing outside  the  country  of  insurance  by  a  sum  down  or  by  paying 
the  capital  value  of  the  benefit  to  a  corresponding  insurance  in- 
stitution in  their  place  of  residence  abroad,  or  in  any  other 
appropriate  manner. 

IV.  Failure  to  insure  foreign  workmen  in  the  case  of  only 
temporary  sojourn  and  employment  in  a  country,  is  injurious 
both  to  the  workmen  concerned  and  also  to  their  country  of 
origin,  and  involves  at  the  same  time  a  disadvantage  to  the 
workers  of  the  country  in  question  on  the  labour  market.  The 
benefits  of  insurance  should  therefore  be  extended  to  such  work- 
men. 

(E.  B.,  VII,  (8-10)  Supplement.) 

Exhibit   19. 

VOEU 
At  the  moment  of  proceeding  to  the  signature  of  the  Con- 

316 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

vention  on  the  Night-Work  of  Women  the  Delegates  of  Den- 
marl.,  Spain,  France,  Great  Britain,  Italy,  Luxemburg,  the  Neth- 
erlands, Portugal,  Sweden,  and  Switzerland,  convinced  of  the 
utility  of  assuring  the  greatest  possible  unity  to  the  regulations 
which  will  be  issued  in  conformity  with  the  present  Convention, 
express  the  desire  that  the  various  questions  connected  with 
the  said  Convention  which  may  have  been  left  doubtful  by  the 
same,  may  be,  by  one  or  several  of  the  contracting  parties,  sub- 
mitted to  the  consideration  of  a  Commission  on  which  each  co- 
signatory State  would  be  represented  by  a  delegate  or  by  a  del- 
egate and  assistant-delegates. 

This  Commission  would  have  a  purely  consultative  character. 
In  no  circumstances  would  it  be  able  to  undertake  any  inquiry 
into  or  to  interfere  in  any  way  in  the  administrative  or  other 
acts  of  the  States. 

The  Commission  would  make  a  report  which  would  be  com- 
municated to  the  contracting  States  on  the  questions  submitted 
to  it. 

The  Commission  could  further  be  called  upon: 

1.  To  give  its  opinion  as  to  the  equivalent  provisions,  on  con- 
dition of  which  the  adhesion  of  extra-European  States,  as  well 
as  possessions,  colonies,  protectorates,  might  be  accepted  in 
cases  where  the  climate  or  the  condition  of  the  natives  may 
necessitate  modifications  in  the  details  of  the  Convention. 

2.  Without  prejudice  to  the  initiative  of  each  contracting 
State,  to  serve  as  an  instrument  for  a  preliminary  exchange  of 
views,  in  cases  where  the  High  Contracting  Parties  are  in  agree- 
ment, as  to  the  utility  of  convening  new  conferences  on  the  sub- 
ject of  the  condition  of  the  working  classes. 

The  Commission  would  meet  at  the  demand  of  one  of  the 
contracting  States,  but  not  more  than  once  a  year,  except  in 
the  case  of  an  agreement  between  the  contracting  States  for  a 
supplementary  meeting  owing  to  exceptional  circumstances.  It 
would  meet  in  each  of  the  capitals  of  the  European  contracting 
States  successively  and  in  alphabetical  order. 

It  would  be  understood  that  the  contracting  States  would  re- 
serve to  themselves  the  right  of  submitting  to  arbitration,  in 
conformity  with  Article  i6  of  the  Convention  of  The  Hague, 

317 


THE   INTERNATIONAL  PROTECTION   OF   LABOR 

tlie  questions  which  may  be  raised  by  the  Convention  of  to-day's 
date,  even  if  they  had  been  the  subject  of  an  expression  of  opinion 
by  the  Commission. 

The  Delegates  mentioned  above  request  the  Swiss  Government 
(who  agree)  to  be  good  enough,  until  the  closing  of  the  record 
of  deposit  of  ratifications  of  the  Convention  to  continue  the 
negotiations  for  the  adhesion  to  the  present  Voen  of  the  States 
whose  delegates  have  not  signed  it. 

This  Voeu  will  be  converted  into  a  Convention  by  the  con- 
tracting states,  through  the  agency  of  the  Swiss  Government,  as 
soon  as  it  shall  have  received  the  concurrence  of  all  the  states 
signatories  to  the  Convention. 

Berne,  September  26,  1906. 

(£.  B,  I,  (7-8)  p.  277.) 

Exhibit  20. 

Draft  for  an  International  Convention  Respecting  the  Prohibi- 
tion of  Night-Work  for  Young  Persons  Employed  in  Industrial 
Occupations  (Sept.  2^,  1913)- 

(i)  Night- work  in  industrial  occupations  shall  be  prohibited 
for  young  persons  under  the  age  of  16  years. 

The  prohibition  shall  be  absolute  in  all  cases  up  to  the  age 
of  14  years. 

The  present  Convention  shall  apply  to  all  industrial  undertak- 
ings where  more  than  10  persons  are  employed;  it  shall  not  apply 
in  any  case  to  undertakings  where  only  members  of  the  family 
are  employed. 

It  shall  be  the  duty  of  each  of  the  contracting  States  to  define 
the  meaning  of  "industrial  undertakings."  Mines  and  quarries 
and  industries  for  the  manufacture  and  transformation  of  mate- 
rials shall,  in  all  cases,  be  included  in  this  definition;  as  regards 
the  latter  point,  the  limit  between  industry  on  the  one  hand, 
and  agriculture  and  commerce  on  the  other,  shall  be  defined  by 
national  legislation. 

(2)  The  night's  rest  contemplated  in  Article  i  shall  have  a 
duration  of  at  least  11  consecutive  hours.  In  all  the  contracting 
States  these  11  hours  must  include  the  period  between  10  p.  m. 
and  5  a.  m. 

318 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

In  coal  and  lignite  mines  it  shall  be  permissible  to  vary  the 
hours  of  rest  contemplated  in  the  first  paragraph,  provided  that 
the  interval  between  two  periods  of  work  habitually  lasts  15 
hours,  and  in  all  cases  13  hours  at  least. 

The  period  from  10  p.  m.  to  5  a.  m.  contemplated  in  the  first 
paragraph  may,  in  the  case  of  the  bakery  industry,  be  replaced 
by  the  period  from  9  p.  m.  to  4  a.  m.  in  those  States  where 
night-work  is  prohibited  by  national  legislation  for  all  workers 
engaged  in  this  industry. 

(3)  The  prohibition  of  night-work  may  be  suspended  for 
young  workers  over  14  years  of  age: 

(a)  If  the  interest  of  the  State  or  any  other  public  interest 
absolutely  demands  it. 

(b)  In  case  of  "force  majeure"  where  there  occurs  in  an 
undertaking  an  interruption  of  manufacture  which  it  was  im- 
possible to  foresee  and  not  being  of  a  periodical  character. 

(4)  The  provisions  of  this  Convention  shall  apply  to  girls 
under  16  years  of  age  wherever  these  provisions  afford  more 
extensive  protection  than  those  of  the  Convention  of  September 
26th,  1906. 

(5)  In  extra-European  States,  as  well  as  in  Colonies,  Pos- 
sessions, or  Protectorates,  when  the  climate  or  the  condition 
of  the  native  population  shall  require  it,  the  period  of  the  unin- 
terrupted night's  rest  may  be  shorter  than  the  minimum  of  11 
hours  laid  down  in  the  present  Convention,  provided  that  com- 
pensatory rests  are  accorded  during  the  day. 

(6)  The  present  Convention  shall  come  into  force  two  years 
after  the  date  on  which  the  record  of  deposit  is  closed. 

The  time  limit  for  bringing  into  force  the  prohibition  of  the 
night-work  of  young  persons  over  14  years  of  age  in  industrial 
occupations  shall  be  increased  to  10  years : 

(a)  In  glass  works,  for  persons  employed  before  the  melt- 
ing, annealing  and  re-heating  furnaces. 

(b)  In  rolling  mills  and  forges  where  iron  and  steel  are 
worked  up  with  continuous  furnaces,  for  the  workers  engaged 
in  occupations  directly  connected  with  the  furnaces,  in  both 
cases,  however,  on  condition  that  the  night  employment 
shall   only  be   permitted   in   work   of   a   kind   to   promote   the 

319 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

industrial  development  of  the  young  workers  and  which  presents 
no  particular  danger  to  their  life  or  health. 
(£.  B.  VIII,  (9-IO)  pp.  364-365.) 

Exhibit  21. 

Draft  for  an  International  Convention  to  Fix  the  Working  Day 
for  Women  and  Young  Persons  Employed  in  Indus- 
trial Occupations  (Sept.  25,  1913.) 

(i)  The  maximum  period  of  employment  in  industrial  occu- 
pations of  women  without  distinction  of  age  and  of  young  per- 
sons up  to  the  age  of  16  years  shall,  subject  to  the  exceptions 
hereafter  mentioned,  be  10  hours  a  day. 

The  working  day  may  also  be  limited  by  fixing  a  maximum 
of  60  hours  per  working  week,  with  a  daily  maximum  of  10^ 
hours. 

The  present  convention  shall  apply  to  all  industrial  under- 
takings where  more  than  10  persons  are  employed;  it  shall  not 
apply  in  any  case  to  undertakings  where  only  members  of  the 
family  are  employed. 

It  shall  be  the  duty  of  each  of  the  contracting  States  to  define 
the  meaning  of  "industrial  undertakings."  Mines  and  quarries 
and  industries  for  the  manufacture  and  transformation  of  mate- 
rials shall  in  all  cases  be  included  in  this  definition;  as  regards 
the  latter  point,  the  limit  between  industry,  on  the  one  hand,  and 
agriculture  and  commerce  on  the  other,  shall  be  defined  by  na- 
tional legislation. 

(2)  The  hours  of  work  shall  be  interrupted  by  one  or  more 
breaks,  the  regulations  of  which  shall  be  left  to  national  legisla- 
tion, subject  to  two  conditions,  namely: 

Where  the  daily  period  of  employment  does  not  exceed  six 
hours,  no  break  shall  be  compulsory. 

Where  the  daily  period  of  employment  exceeds  this  limit,  a 
break  of  at  least  half  an  hour  shall  be  prescribed  during  or  im^ 
mediately  after  the  first  six  hours'  work. 

(3)  Subject  to  the  reservations  specified  in  Article  4,  the 
maximum  period  of  employment  may  be  extended  by  overtime: 

(a)  If  the  interest  of  the  State  or  any  other  public  interest 
absolutely  demands  it. 

320 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

(b)  In  case  of  "force  majeure"  where  there  occurs  in  an 
undertaking  an  interruption  of  manufacture  which  it  was  im- 
possible to  foresee  and  not  being  of  a  periodical  character. 

(c)  In  cases  where  the  work  is  concerned  either  with  raw 
materials  or  materials  in  course  of  treatment  which  are  sus- 
ceptible to  very  rapid  deterioration,  when  such  overtime  is  neces- 
sary to  preserve  these  materials  from  certain  loss. 

(d)  In  industries  subject  to  seasonal  influences. 

(e)  In  exceptional  circumstances,  for  all  undertakings. 

(4)  The  total  hours  of  work,  including  overtime,  shall  not 
exceed  12  hours  a  day,  except  in  factories  for  the  preserving 
of  fish,  vegetables,  and  fruit. 

Overtime  shall  not  exceed  a  total  of  140  hours  per  calendar 
year.  It  may  extend  to  180  hours  in  the  manufacture  of  bricks, 
tiles,  men's,  women's  and  children's  clothing,  articles  of  fashion, 
feather  articles,  and  artificial  flowers,  and  in  factories  for  the 
preserving  of  fish,  vegetables  and  fruit. 

It  shall  not  be  permissible,  in  any  case,  to  extend  the  work- 
ing day  for  young  workers  of  either  sex  under  16  years  of  age. 

This  Article  shall  not  apply  in  the  cases  contemplated  in  (a) 
and  (b)  of  Article  3. 

(5)  This  Convention  shall  come  into  force  two  years  after 
the  date  on  which  the  record  of  deposit  is  closed. 

The  time  limit  for  bringing  it  into  force  shall  be  extended : 

(a)  From  two  to  seven  years  in  the  manufacture  of  raw 
sugar  from  beetroot,  and  of  machine-made  embroidery,  and  in 
the  spinning  and  weaving  of  textile  materials. 

(b)  From  two  to  seven  years  in  States  where  the  legal  dura- 
tion of  the  working  day  for  women  without  distinction  of  age 
and  for  young  persons  employed  in  industrial  occupations  still 
amounts  to  11  hours,  provided  that,  except  as  regards  the  ex- 
emptions contemplated  in  preceding  Articles,  period  of  employ- 
ment shall  not  exceed  11  hours  a  day  and  63  hours  a  week. 

Drawn  up  at  Berne  on  September  25th,  1913,  in  one  copy, 
which  shall  be  deposited  in  the  Swiss  Federal  Archives  and  a 
certified  copy  of  which  shall  be  presented  through  the  diplo- 
matic channel  to  each  of  the  Governments  represented  at  the 
Conference. 

{Ibid.,  pp.  365-366.) 

321 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

Exhibit  22 

Constitution  of  the  American  Section  of  the  International  Asso- 
ciation on  Unemployment. 

(Extract) 

The  purpose  as  expressed  in  the  by-laws  of  the  Association  on 
Unemployment  is : 

"(A)  To  assist  the  International  Association  in  the  accom- 
plishment of  its  task  (Section  i,  ss.  3  and  4,  of  the  Statutes  of  the 
International  Association)  : 

The  aim  of  the  Association  is  to  co-ordinate  all  the  efforts 
made  in  different  countries  to  combat  unemployment. 

Among  the  methods  the  Association  proposes  to  adopt  in  order 
to  realize  its  object  the  following  may  be  specially  noticed: 

(a)  The  organization  of  a  permanent  international  office  to 
centralize,  classify  and  hold  at  the  disposition  of  those  inter- 
ested, the  documents  relating  to  the  various  aspects  of  the  strug- 
gle against  unemployment  in  different  countries. 

(b)  The  organization  of  periodical  international  meetings, 
either  public  or  private. 

(c)  The  organization  of  special  studies  on  certain  aspects 
of  the  problem  of  unemployment  and  the  answering  of  inquiries 
on  these  matters. 

(d)  The  publication  of  essays  and  a  journal  of  unemploy- 
ment. 

(e)  Negotiations  with  private  institutions,  or  the  public  au- 
thorities of  each  country,  with  the  object  of  advancing  legisla- 
tion on  unemployment,  and  obtaining  comparable  statistics  or 
information  and  possibly  agreements  or  treaties  concerning  the 
question  of  unemployment. 

(b)  To  co-ordinate  the  efforts  made  in  America  to  combat 
unemployment  and  its  consequences,  to  organize  studies,  to  give 
information  to  the  public,  and  to  take  the  initiative  in  shaping 
improved  legislation  and  administration,  and  practical  action  in 
times  of  urgent  need." 

{Bulletin  trimestriel  de  I'association  Internationale  pour  la  lutte 
contre  le  chom^age,  Quatrieme  Annee,  No.  2.     Avril-Juin  1914, 

P-  339-) 

322 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

Exhibit  23. 

Constitution  of  the  American  Association  for  Labor  Legislation. 
Adopted  Feb.  15,  1906 

Amended  Dec.  30,  1907;  Dec.  30,  1908;  Dec.  29,  1909;  Dec.  29, 

1910. 

Article  I.     Name. 

This  Society  shall  be  known  as  the  American  Association  for 
Labor  Legislation. 

Article  IL     Objects. 
The  objects  of  this  Association  shall  be: 

1.  To  serve  as  the  American  branch  of  the  International 
Association  for  Labor  Legislation,  the  aims  of  which  are  stated 
in  the  appended  Article  of  its  Statutes. 

2.  To  promote  uniformity  of  labor  legislation  in  the  United 
States. 

3.  To  encourage  the  study  of  labor  conditions  in  the  United 
States  with  a  view  to  promoting  desirable  labor  legislation. 

Article  IIL     Membership. 

Members  of  the  Association  shall  be  elected  by  the  Executive 
Committee.  Eligible  to  membership  are  individuals,  societies  and 
institutions  that  adhere  to  its  objects  and  pay  the  necessary  sub- 
scriptions. The  minimum  annual  fees  for  individuals  shall  be 
three  dollars,  or  five  dollars  if  the  member  wishes  to  receive  the 
Bulletin  of  the  Liternational  Association.  In  states  in  which 
there  is  a  State  Association  $1  of  the  dues  shall  be  paid  over 
to  the  State  Association.  The  minimum  annual  fee  for  societies 
and  institutions  shall  be  five  dollars,  and  they  shall  receive  one 
copy  of  the  Bulletin,  and  for  each  two-dollar  subscription  an 
additional  copy. 

Article  IV.     Officers. 

The  officers  of  the  Association  shall  be  a  president,  ten  vice- 
presidents,  a  secretary  and  a  treasurer.  There  shall  also  be 
a  General  Administrative  Council  consisting  of  the  officers  and 
not  less  than  twenty-five  or  more  than  one  hundred  persons. 
The  General  Administrative  Council  shall  have  power  to  fill 
vacancies  in  its  own  ranks  and  in  the  list  of  officers;  to  appoint 

323 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

an  Executive  Committee  from  among  its  own  members,  and  such 
other  committees  as  it  shall  deem  wise;  to  frame  by-laws  not 
inconsistent  with  this  constitution ;  to  choose  the  delegates  of  the 
Association  to  the  Committee  of  the  International  Association; 
to  conduct  the  business  and  direct  the  expenditures  of  the  Asso- 
ciation. It  shall  meet  at  least  twice  a  year.  Eight  members 
shall  constitute  a  quorum. 

Article  V.     Meetings. 

The  annual  meeting  and  other  general  meetings  of  members 
shall  be  called  by  the  General  Administrative  Council  and  notice 
thereof  shall  be  sent  to  members  at  least  three  weeks  in  advance. 
Societies  and  institutions  shall  be  represented  by  two  delegates 
each.  The  annual  meeting  shall  elect  the  officers  and  other  mem- 
bers of  the  General  Administrative  Council. 

Meetings  of  the  General  Administrative  Council  shall  be  called 
by  the  Executive  Committee.  Notice  of  such  meetings  shall  be 
sent  to  members  of  the  Council  at  least  three  weeks  in  advance. 

Amendments  to  the  constitution,  after  receiving  the  approval 
of  the  General  Administrative  Council,  may  be  adopted  at  any 
general  meeting.     Fifteen  members  shall  constitute  a  quorum. 

Article  II  of  the  Statutes  of  the  International  Association  De- 
fining the  Aims  of  the  Association. 

(See  Constitution  of  the  International  Association,  Exhibit  lo.) 

BY-LAWS. 

1.  Committees.  The  Council  shall  elect  an  Executive  Com- 
mittee, as  well  as  committees  on  Finance,  Legislation,  and  Pub- 
licity, and  such  other  committees  as  occasion  may  require. 

2.  Powers  of  the  Executive  Committee.  The  Executive  Com- 
mittee shall  exercise,  subject  to  the  General  Administrative  Coun- 
cil, the  powers  of  the  Council  in  the  intervals  between  its  ses- 
sions. 

3.  International  Obligations.  The  Executive  Committee  shall 
choose  the  members  of  Committees  and  Commissions  and  the 
reporters  required  by  votes  of  the  International  Association. 

(Am.  Labor  Leg.  Rev.  VII,  (I)  pp.  196-197.) 

324 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

Exhibit  24. 

Justification  of  the  Principle  of  the  Prohibition  of  Night-Work 

of  IV omen. 

The  effects  of  the  prohibition  of  night-work  of  women,  in 
the  countries  where  it  embraces  workwomen  of  every  age  have 
been  as  follows: 

1.  The  number  of  women  employed,  especially  of  those  above 
twenty-one  years  of  age,  has  in  general  increased.  It  is  true  that 
the  improvements  in  the  processes  of  technical  production,  which 
have  permitted  the  use  of  cheap,  and  unskilled  labor,  have  been 
a  factor  in  this  increase.  With  regard  to  women  workers  as  a 
whole  ,there  is  not  evident  in  Great  Britain,  Germany,  Austria, 
France,  Holland  or  in  the  United  States  any  general  decrease 
in  opportunities  for  work.  In  many  places,  on  the  other  hand, 
woman's  labor  has  replaced  child  labor,  and  as  a  result  of  the 
enlargement  of  a  certain  number  of  establishments,  a  more  in- 
tensive workday  has  been  substituted,  in  the  case  of  women,  for 
night-work. 

2.  In  consequence  of  this  increase  of  demand,  women  have 
not  in  general  suffered  a  loss  in  wages,  and  on  the  contrary,  the 
wage  has  been  increased  in  many  cases  by  reason  of  greater 
rapidity  and  better  quality  of  work. 

3.  It  has  been  observed  that  coincident  with  the  prohibition  of 
night- work  of  women  in  the  States  in  which  it  has  been  put 
into  force,  there  has  been  a  decrease  in  the  death  rate  both  of 
women  and  children.  The  rate  of  mortality  among  women  has 
decreased  in  Great  Britain  and  in  Germany,  more  rapidly  than 
the  rate  of  mortality  among  men. 

4.  The  greater  powers  of  resistance  and  the  better  health 
evidenced  among  women  in  the  States  where  night-work  has 
been  suppressed,  and  where  the  length  of  work  has  been  de- 
creased and  rest  increased,  have  permitted  housewives  to  better 
perform  their  domestic  duties;  the  preparation  of  food,  bringing 
up  and  care  of  children,  the  keeping  of  the  linen  in  repair  and  the 
home  in  order,  etc.,  etc. 

5.  It  has  been  established  also  that  neither  the  prohibition  of 
night-work  of  women  nor  the  limitation  of  their  day  work  have 

325 


THE  INTERNATIONAL   PROTECTION   OF  LABOR 

exercised  any  appreciable  influence  on  exportation  especially  in 
that  which  concerns  manufactured  textile  products. 

Accordingly  then,  the  prohibition  of  night-work  of  women  is 
in  the  first  place  a  measure  of  public  hygiene.  It  is  also  neces- 
sary, to  secure,  from  the  States  which  belong  to  the  first  category 
of  the  preceding  chapter,  such  as  Japan,  Spain  and  some  of 
the  States  of  the  Union,  the  adhesion  in  principle  to  the  system 
of  prohibiting  the  night-work  of  women. 

As  regards  the  principal  States  of  the  second  category  of 
the  preceding  chapter  (States  where  the  prohibition  applies  only 
to  young  workers),  it  has  been  established  that  the  night- work 
of  women  has  almost  always  been  actually  practised  in  certain 
definite  industries,  and  during  periods  of  full  operation  on  the 
part  of  the  industries,  in  a  word,  that  it  is  not  at  all  the  rule. 
These  States  should  not  find  any  difficulty  then,  it  would  seem, 
in  establishing  the  principle  of  the  prohibition  of  the  night-work 
of  all  women,  subject  to  necessary  exceptions  which  will  be 
treated  later. 

Finally,  in  States  where  night-work  has  been  limited  to  cer- 
tain kinds  of  industry,  it  should  be  of  interest  to  obtain,  as  a 
transitional  provision  in  the  countries  which  have  not  yet  adopted 
this  measure,  the  extension  of  the  prohibition  of  night-work  to 
all  shops,  even  if  not  provided  with  motor  power.  The  excep- 
tions permitting  night-work  of  women  in  small  establishments 
without  motor  power,  are  very  harmful  to  the  health  of  the  women 
workers.  Remembering  the  difficulties  in  the  way  of  applying 
this  measure  to  women  working  at  home,  it  is  necessary  to  ob- 
tain from  the  various  States  legal  protection  at  least  for  all  women 
working  in  shops. 

Only  after  the  prohibition  of  night-work  of  women  in  the 
small  shops  has  been  obtained,  can  the  work  be  continued  and  a 
similar  prohibition  be  obtained  for  home  work. 

(Translation:  tuhli cations  de  L' Association  Internationale 
pour  la  protection  legale  des  travailleurs,  No.  4(  p.  9-10.) 

Exhibit  25. 
Report  of  the  United  States  Section  of  the  International  High 

Commission. 

"Sir :    By  the  First  Pan  American  Financial  Conference,  which 

326 


LABOR  RESOLUTIONS  LVTERNATIONALLY  SUBSCRIBED 

was  held  at  Washington  in  May,  191 5,  with  a  view  to  bring 
about  closer  financial  and  commercial  relations  between  the 
American  Republics  and  to  that  end  to  foster  uniformity  of 
law  and  procedure  in  such  matters,  it  was  recommended  that,  in 
order  to  carry  out  these  great  objects,  there  should  be  created 
an  International  High  Commission,  a  section  of  which  should 
be  established  in  each  country.  This  recommendation  was 
promptly  carried  into  effect  in  the  countries  concerned;  and  by 
the  act  of  Congress  of  February  7,  1916,  the  United  States  sec- 
tion was  endowed  with  a  legal  status.  Each  section  consists  of 
nine  members,  and  is  composed  of  jurists,  financiers,  and  tech- 
nical administrators. 

"During  the  past  quarter  of  a  century  a  great  good  has  been 
accomplished  by  means  of  conferences  between  the  independent 
countries  of  America,  such  as  the  four  international  American 
conferences  (Washington,  1889-90;  Mexico,  1901-2;  Rio  de 
Janeiro,  1906;  Buenos  Aires,  1910),  the  Conference  on  the  Coffee 
Trade  (New  York,  1902),  the  Customs  Congress  (New  York, 
1903),  and  the  series  of  sanitary  conferences,  the  fifth  of  which 
was  held  in  Washington  in  1905.  But  in  spite  of  all  that  had 
been  attained  there  was  a  general  sense  of  the  need  of  direct, 
continuous,  sustained  effort  to  improve  the  financial  and  economic 
relations  between  the  Americas  and  to  remove  the  obstacles 
which  existed  in  their  satisfactory  development.  To  meet  this 
want  is  the  prime  object  of  the  International  High  Commission 
and  its  respective  national  sections. 

"Students  of  the  history  of  international  co-operation  agree 
that  there  are  three  fundamental  factors  in  a  successful  inter- 
national union — (i)  periodical  conferences,  (2)  an  international 
organ  or  bureau,  (3)  an  effective  means  of  carrying  out  the 
measures  adopted.  In  the  relations  of  the  American  Republics 
during  the  last  25  years  the  first  two  elements  have  not  been 
lacking.  The  American  Governments  have  repeatedly  mani- 
fested their  willingness  to  enter  into  the  discussion  of  their  com- 
mon problems;  and  in  the  Pan  American  Union  they  have  an 
organ  which  has,  under  the  wise  guidance  of  the  diplomatic  rep- 
resentatives of  American  Republics  at  Washington,  contributed 
and  will  continue  richly  to  contribute  to  the  harmony  and  pros- 
perity of  the  American  nations. 

327 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

"What  has  been  wanting  is  a  persistent  and  organized  effort 
to  carry  out  the  recommendations  of  the  conferences.  In  con- 
trast with  the  readiness  to  sign  conventions  on  technical  matters 
there  has  been  at  time  some  reluctance  to  ratify  them.  The 
United  States  has  occasionally  been  remiss  in  this  regard,  and 
the  members  of  the  United  States  section  of  the  International 
High  Commission  consider  it  important  to  urge  prompt  fulfill- 
ment of  this  duty. 

<'Hc  ^  *  /^jj  early  meeting  of  the  commission  was  decided 
upon  for  the  purpose  of  determining  its  modus  operandi  and  of 
giving  the  necessary  stimulus  to  useful  study.  Tentatively,  No- 
vember I,  1915,  was  fixed  as  the  date  and  Buenos  Aires  as  the 
place,  but  it  was  later  found  necessary  to  allow  more  time,  and 
the  date  was  changed  to  April  3,  1916." 

Topic  VIII.     Report  of  the  Sixth  Committee. 

"The  topics  considered  by  this  committee  were  proposed  by 
the  Uruguayan  and  Argentine  Governments,  respectively.  With 
reference  to  labor  legislation,  His  Excellency,  Pedro  Cosio,  the 
Minister  of  Finance  of  Uruguay,  pointed  out  the  difficulty  in 
improving  the  conditions  under  which  productive  labor  is  car- 
ried on  and  urged  the  need  of  insuring  general  knowledge  of 
the  principles  of  labor  legislation.  In  order  that  America  may 
be  the  "land  of  promise"  he  insisted  that  it  must  defend  the 
laborer  from  excessive  hours,  unfair  wage  conditions,  and  danger- 
ous occupations.  The  workman  and  workwoman  must  be  as- 
sured, too,  that  society  will  not  abandon  them  if  they  fall  sick 
from  overwork  nor  permit  them  to  be  reduced  to  starving  or 
begging  if  they  arrive  at  old  age  in  poor  circumstances,  and, 
that,  finally,  society  will  find  sure  means  of  educating  them  and 
of  aiding  and  encouraging  them  in  their  just  and  legitimate 
aspirations. 

"The  commission  was  impressed  by  the  general  desire  to  co- 
operate more  effectively  in  protecting  and  strengthening  the  labor- 
ing population  of  the  Americas.  As,  however,  an  international 
labor  convention  is  not  practicable  now,  the  commission  could 
©nly  recommend  that  each  Government  enact  progressive  labor 
and  social  welfare  legislation  and  provide  for  systematic  exchange 
of  technical  and  statistical  literature. 

328 


LABOR  RESOLUTIONS  INTERNATIONALLY  SUBSCRIBED 

"The  Department  of  Labor  of  the  United  States  and  similar 
departments  in  Latin  America  might  easily  exchange  all  their 
publications ;  and  the  system  could  be  extended  so  as  to  include 
all  civic  bodies  interested.  The  publication  of  the  Pan  American 
Union  will  possibly  serve  to  make  better  known  the  work  accom- 
plished in  this  field  in  the  United  States  and  in  Europe;  and 
legislative  and  executive  commissions,  as  well  as  organizations 
of  the  character  of  the  American  Society  for  Labor  Legislation, 
will  wish  to  co-operate  with  the  Pan  American  Union.  Thus  those 
countries  whose  economic  and  industrial  conditions  give  suffi- 
cient promise  of  sustained  public  interest  in  this  subject,  may 
soon  avail  themselves  of  the  excellent  procedure  devised  by  the 
International  Labor  Association  for  the  conclusion  of  interna- 
tional labor  agreements." 

{International  High  Commission,  United  States  Section.  Re- 
ports. 64th  Congress.  2nd  Session.  House  of  Representatives, 
Document  No.  1788,  pp.  5-6,  23-24.) 


329 


BIBLIOGRAPHY 


BIBLIOGRAPHY. 

Contents. 

Key  to  Periodicals 334 

Publications   in   German 339 

1904 340 

International  Labor  Congresses 340 

International  Labor  Organizations 341 

1905    342 

International  Labor  Congresses 342 

International  Labor  Organizations 343 

1906 344 

International    Labor    Conferences 344 

International    Labor    Legislation 345 

International    Labor    Organizations 346 

1907    346 

International    Labor    Conferences 346 

International    Labor    Legislations 348 

International    Labor    Organizations 349 

1908    349 

International  Labor  Legislation 352 

International  Labor  Congresses 352 

International  Labor  Organizations 353 

1910    353 

International  Labor  Congresses 353 

International  Labor  Legislation 355 

International  Labor  Organizations 355 

1911    356 

International  Labor  Congresses 356 

International  Labor  Legislation 357 

International  Labor  Organizations 358 

1912    358 

International  Labor  Congresses 358 

International  Labor  Legislation 359 

Interantional  Labor  Organizations 359 


1913 


359 


International  Labor  Congresses 359 

International  Labor  Legislation 362 

International  Labor  Organizations 362 

1914    363 

International  Labor  Congresses 363 

International  Labor  Legislation 363 

International  Labor  Organizations 364 

332 


1915    364 

International  Labor  Legislation 364 

International  Labor   Organizations 364 

Publications  in  French 364 

1904    368 

International   Labor    Conferences 368 

1905    369 

International   Labor   Conferences 369 

1906    370 

International  Labor  Conferences 370 

International  Labor  Legislation 370 

1907    371 

International  Labor  Conferences 371 

International  Labor  Legislation 371 

International  Labor  Organizations 371 

1908    372 

International  Labor  Legislation 372 

International   Labor   Organizations y]2 

International  Labor  Congresses 372 

1909    373 

International  Labor  Legislation 373 

International  Labor  Congresses 373 

International  Labor  Organizations 373 

1910    373 

International  Labor  Congresses 374 

1911    374 

International  Labor  Conferences 375 

1912    375 

International  Labor  Congresses 375 

1913 376 

International  Labor  Congresses 376 

1914    Z11 

International  Labor  Congresses 377 

International  Labor  Legislation yjl 

Publications    in    English 378 

1904-1915  378 

Publications  in  Italian 382 

1904-1914  382 

Publications  in  Spanish   385 

Publications  in  Roumania     386 

Publications  In  Sweden   386 

Publications  in  Hungary    386 

Publications  In  Denmark    387 

Publications  in  Holland    387 

Publications  in  Finland  387 


333 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

PERIODICALS. 

A.Cath. — Association  catholique,  Paris. 

Ace.  et  Ass. — Congres  international  des  Accidents  du  travail  et  des  Assur- 
ances sociales,  Bulletin  du  Comite  permanent,  Paris. 

A.d. — Archives  diplomatiques. 

A.D.G.Z. — ^Allgemeine  Deutsche  Gartner-Zeitung,  Berlin. 

A.F. — ^American  Federationist,  Washington. 

A.Fr. — Arbeiterfreund,  Berlin. 

A.G. — ^Arbeitgeber,  Berlin. 

A.Gen. — Arbeitergenossenschaft,  Wien. 

Ai.Z. — Arbeiterinnenzeitung,  Wien. 

A.M. — Arbeitsmarkt,  Berlin. 

Am. — Ameise,  Charlottenburg. 

A.N.M.I. — Amtliche  Nachrichten  des  Ministeriums  des  Innern,  Wien. 

A.O. — Association  ouvriere,  Paris 

Ar. — Akademie  revue  socialistika,  Prag. 

A.R. — Allgemeine  Rundschau,  Leizig. 

A.S. — Arbeiterschutz,  Wien. 

A.S.G. — Annalen  fiir  Sozialpolitik  und  Gesetzgebung,  Berlin. 

Ask. — Arbetarsskyddet,  Stockholm. 

A.S.S. — Archiv  fiir  Sozialwissenschaft  und  Sozialoplilik,  Tiibingen. 

Ass. — L'Assicurazione. 

A.St. — Arbeiterstimme,  Bern. 

A.T.Fin. — Afbetsstatistik  Tidskrift  utgiven  af  industristyrelsen  i  Finland, 
Helsingfors. 

A.V. — Arbeiter-Versorgung,  Grunewald-Berlin. 

B. — Blatter  fiir  Armenwesen,  Graz. 

B.A.L.C. — Bulletin  de  I'Association  Internationale  pour  pour  la  lutte  centre 
le  chomage,  Paris. 

B.Arb. — Bergarbeiter,  Oberhausen  (Rheinland). 

B.Arg. — Boletin  de  la  Union  industrial  argentina,  Buenos  Aires. 

B.A.S. — Bulletin  des  assurances  sociales,  Paris. 

B.C.T.— Bulletin  du  Comite  central  du  Hravail  industriel,  Bruxelles. 

B.D.T. — Boletin  del  Departamento  Nacional  del  Trabajo,  Buenos  Aires. 

B.F.N. — Bulletin  de  la  Federation  nationale  du  batiment  et  des  travaux 
publics,  Paris. 

B.G. — Blatter  fiir  Genossenschaftswesen,  Berlin. 

Bhd. — Der  Ban  handvi^erker,  Magdeburg. 

B.Intl. — Bulletin  der  internationalen  Union  der  Holzarbeiter,  Berlin. 

B.L.S.A. — Bulletin  des  Ligues  sociales  d'acheteurs. 

B.M.I.E.S. — Bulletin  mensuel  des  institutions  economiques  et  sociales  (In- 
stitut  international  d'agriculturc),  Rome. 

B.M.T. — Bulletin  du  Ministere  du  Travail,  Paris. 

Bol.M.S. — Boletin  del  Museo  Social,  Barcelona. 

B.O.T. — Bulletin  de  I'office  du  travail,  Paris. 

334 


BIBLIOGRAPHY 

B.R.S. — Boletin  del  Instituto  de  Reformas  Socialcs,   Madrid. 

B.R.V. — Blatter  fiir  vergleichende  Rcchtswissenschaft  und  Volkswirt- 
schaftslehre,  Berlin. 

B.S.t.R. — Buletinul  Statistic  al  Romanici,  Bucarest. 

B.S.V. — Blatter  fiir  selbstvcrwaltung,  Briiiiii. 

B.U.L. — Bollettino  deH'Uftlcio  del  lavoro,  Roma. 

B.U.L.(N.S.) — Bollettino  dell  'Ufficio  del  lavoro  (Nuova  Serie)  Roma. 

B.Z. — Bildhauer-Zeitung,  Berlin. 

C. — Concordia,  Berlin. 

C.G.D. — Correspondenzblatt  der  Generalkommission  der  Gewerkschaflcn 
Deutschlands,  Berlin. 

C.F.L. — Confederazione  del  lavoro,  Milano. 

Conf.L. — Confederazione  del  lavoro,  Milano. 

Co. — Der  Coiflfeur,  Bern.     (Coiffeurgchilfen-Zcitung) 

Cr. — Courier,  Publikationsorgan  des  Deutschen  Transportarbeitcr-Ver- 
bandes,  Berlin. 

Cr.s. — Critica  sociale,  Milano. 

D.B.K.Z. — Deutsche  Backer-und  Konditoren-zeltung,  Hamburg. 

D.C. — Dominion  of  Canada,  Labour  Gazette  (Dominion  du  Canada,  Ga- 
zette du  Travail),  Ottawa. 

Dev. — Devoir,  Paris. 

E.B. — English  Bulletin  of  the  International  Labor  Office. 

Ec.Fr. — Economiste  francais,  Paris. 

Eis. — Eisenbahner,  Wien. 

E.J. — Economic  Journal,  London. 

E.S. — Espana  Social,  Madrid. 

E.Z. — Oesterreichische   Eisenbahnzeltung,   Wien. 

F.B. — French  Bulletin  of  the  International  Labor  Office. 

Fr. — Frauenbewegung,  Berlin. 

Frk.Z. — Frankfurter  Zeitung,  Frankfurt. 

G. — Gewerkverein,  Berlin. 

G.B. — German  Bulletin  of  the  International  Labor  Office. 

Gen. — Genossenschaft,  Wien. 

Gew. — Gewerkschaft,  Berlin. 

G.Ing. — Gesundheits-Ingenleur,  Miinchen. 

Gl. — Gleichheit,  Stuttgart. 

G.P. — Graphische  Presse,  Berlin  (formerly  Leipzig). 

G.R. — Gesetz  und  Recht,  Breslau. 

Gr. — Grundstein,   Hamburg. 

G.Sch    (or  Gsch.) — Gewerkschaft,  Wien. 

H. — Handelsstand,   Hamburg. 

H.A. — Heimarbelterin,   Berlin. 

H.G.Z. — Handlungsgehiilfenzeitung,   Berlin-Hamburg. 

H.M. — Handelsmuseum,  Wien. 

Ho.A. — Holzarbeiter,  Koln. 

335 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

Ho. — Der  Hoteldiener. 

H.T. — Helvetische  Typographia,  Basel. 

H.Z. — Holzarbeiterzeitung,  Berlin   (formerly  Stuttgart). 

I. — Industrie,  Wien. 

I.G. — Internationales    Genossenschafts-Bulletin,    Ziirich. 

I.  :M.  :R:. — Internationale  Metallarbeiter-Rundschau,  Stuttgart. 

J. — ^Jugendfiirsorge  Berlin. 

J.A. — Jugendliche  Arbeiter,  Wien. 

J.L. — Justice,  London. 

J.L.N. Z. — Journal  of  Department  of  Labour,  New  Zealand,  Wellington. 

J.St.S. — Journal  of  the  Royal  Statistical  Society,  London. 

K. — Kampf,  Wien. 

K.Bl. — Korrespondenzblatt  d.  Verbandes  der  Tapezierer  und  verwandter 

Berufsarten  Berlin. 
K.R. — Konsumgenossenschaftliche  Rundschau,  Hamburg. 
Ku. — Kupferschmied. 
L.A. — Ledararbeiter,  Berlin. 

L.G. — Labor  Gazette,  London  (Board  of  Trade). 

L.Gen. — Oesterreichische  landswirtschaftliche  Genossenschaftspresse,  Wien. 
L.L. — La^or  Leader,  London. 
M. — Mutualidad,  Madrid. 
M.A.S. — Medicina  delle  assicurazione  sociali. 
M.C.B.S. — Maandschrift    van    het    Centraal    Bureau    voor    de    Statistiek, 

'sGravenhage 
Medd. — Sociala    Meddelanden    fran    k.      Kommerskollegii    Afdeling    for 

Arbetsstatistik,  Stockholm. 
M.R. — Medizinische  Reform,  Berlin. 
M.R.V.K. — Mitteilungen    des    Rheinischen    Verelns    fiir    Kleinwohnungs- 

wesen,  Diisseldorf. 
M.S. (Ann.) — Musee  Social   (Annales),  Paris. 
M.soc. — Mouvement  social,  Paris. 
N.F. — Nordisk  T.  for  Faengselsvaesen. 
N.T. — Nationalokonomisk  Tidsskrift,  Kjobenhavn. 
N.Y. — New  York  Department  of  Labor  Bulletin,  Albany. 
N.Z. — Neue  Zeit,  Stuttgart. 

O.e.M. — Oesterreichischer  Matallarbeiter,  Wien. 
Oe.Zop.V. — Oesterreich,  Zeitschrift  fiir  oflfentliche  und  private  Versicher- 

ung,  Wien. 
P. — Proletareier,  Hannover. 
P.O. — Parlement  et  Opinion,  Paris. 
Q.J. — Quarterly  Journal  of  Economics,  Boston. 
Q.P. — Questions  pratiques  de  legislation  ouvriere  et  d'economie  sociale, 

Paris. 
R.A. — Rcichsarbeitsblatt,  Berlin. 

Ram. — Ramazzini,   Firenze.    (Giornole  italiano  di  medicina  sociale). 
R.D.I. P. — Revue  de  droit  international  prive. 


BIBLIOGRAPHY 

Ref.Soc. — Reforme  Sociale,  Paris. 

Rev.C. — Revista  catolica  de  las  qucstiones  sociales,  Madrid. 
Rev.ec.int. — Revue  economique  internationale,  Paris. 
Rev.  Tr. — Revue  due  travail,  Bruxelles. 
R.  I.  C. — Revue  internationale  du  chomagc,  Paris. 
Rif.Soc. — Riforma  sociale  Torino-Roma. 
R.P.P. — Revue  politique  et  parlemcntaire,  Paris. 
R.S.A.T. — Revue  suisse  des  accidents  du  travail,  Geneve. 
R.S.C. — Revue  socialiste  catholique,  Louvain. 
S. — Lo  spettatore,  rivista  politica,  Roma. 
S.B. — Staats-Biirger,  Leipzig  und  Berlin. 

S. B.H.I. — Schweizerische  Blatter  fiir  Handel  und  Industrie  (Bulletin  com- 
mercial et  industrial  suisse),  Genf. 
Sch. — Schuhmacherfachblatt,  Gotha. 
Schm.Z. — Schmiede-zeitung,  Hamburg. 
S.C.V. — Schweizer  Konsumverein,  Basel. 
S.E. — Szakszervezeti  Ertesito,  Budapest. 
S.K. — Soziale  Kultur,  M. — Gladbach. 
S.K.V. — Schweizer  Konsumverein,  Basel. 
S.M. — Sozialistische  Monatshefte,  Berlin. 
S.P. — Soziale  Praxis,  Berlin. 
S.R. — Soziale  Rundschau,  Wien. 

S.R.V. — Soziale  Rundschau    (Wachenbeilage  zum  "Vaterland.")   Wien. 
S.T. — Sozial-Technik,  Berlin. 

S.W.S. — Schweizerische  Blatter  fiir  Wirtschafts — und  Sozialpolitik,  Bern. 
S.Z. — Sattler  Zeitung,  Berlin. 
Tab. — ^Tabakarbeiter,  Leipzig. 

T.A. — Tidskrift  for  Arbejderforsikring,  Kj0benhavn« 
T. — Times,  London. 
T.B. — Textilarbeiter,  Bern. 
Tex. — ^Textilarbeiter,  Berlin. 
Tex.W. — ^Textilarbeiter,  Wien. 
T.I.— Tidskrift  for  Industria. 
T.M.E. — Tarsadalmi  Museum  Ertesitoje,  Budapest, 
T.N. — Travail  national,  Paris. 
To. — ^Topfer,  Berlin. 

T.Z. — Textilarbeiter-Zeitung,  Diisseldorf. 
Um. — Umanitaria,  Milano. 
V. — Vorwarts. 

V.Bl— Volkswirtschaftliche  Blatter,  Berlin. 
V.I.N. — Vie  internationale,  Bruxelles. 

V.M.U. — Volkswirtschaftliche  Mitteilungcn  aus  Ungarn,  Budapest 
W.A.Z. — Westdeutsche  Arbeiterzeitung,  M. — Gladbach. 
W.I.N. — Women's  Industrial  News,  London. 
W.L.L. — World's  Labour  Laws,  London. 
W.N.O.^ — ^\Vochenschrift  des  niederosterreichischen  Gewerbvereine. 

337 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

W.S.M. — Wochenschrift  fiir  soziale  Medizin,  Berlin. 

W.T.U. — Women's  Trade  Union  Review,  London. 

W.Y.T. — Women's   Trade  Union  Review,  London. 

Y.R. — Yale  Review  New  Haven. 

Z. — Zimmerer,   Hamburg. 

Z.C.G.D. — Zentrallblatt    der    christlichen    Gewerkschaften    Deutschlands, 

Koln.     (M  Gladbach) 
Z.G.H. — Zeitschrift   fur  Gewerbehygiene,  Unfallverhutung  und  Arbeiter- 

wohlfahrtseinrichtungen,  Wein. 
Z.G.St. — Zeitschrift  fiir  die  gesamte  Staatswissenschaft,  Tiibingen. 
Z.K.J. — Zeitschrift  fiir  Kinderschutz  und  Jugendfiirsorge,  Wien. 
Z.R.(orZrd).— Zeitrad,  Wien. 

Z.Vers. — Zeitschfirt  fiir  die  gesamte  Versicherungswissenschaft,  Berlin. 
Z.V.S.V. — Zeitschrift  fiir  Volkswirtschaft,  Sozialpolitik  und  Verwaltung, . 

Wien,  Leipzig. 


33S 


BIBLIOGRAPHY 

PUBLICATIONS  IN  GERMAN 

1.  Adler,     Georg. — Die     Frage     des     internationalen     Arbeiterschutzes. 

(1888). 

2.  Bulletin  des  Internationalen  Arbeitsamtes. 

3.  Dochow,  F. — Zeitschrift  fiir  internationales  Privat — und  offentliches 
Recht,  Liepzig,  1906. 

4.  Francke,  E. — Der  Internat.  Arbeiterschutz,  Dresden,  1903. 

5.  Schriften  der  internationalen  Vereinigung  fiir  gesetzlichen  Arbeits- 
schutz,  Jena,  1901-1906. 

6.  Schriften  der  internation.  Vereinigung  fiir  gesetzlichen  Arbeiterschutz. 
Berichte  und  Verhandlungen  der  Konstituierendcn  Versammlung, 
abgehalten  zu  Basel,  am  27.  und  28.  September  1901.  Herausgegeben 
vom  Bureau  der  internationalen  Vereinigung  fiir  gesetzlichen  Arbeit- 
erschutz. Jena,  G.  Fischer;  Bern,  Schmid  &  Francke,  1901. 

7.  Jahresbericht  des  internationalen  Buchdruckersekrelariats  pro  1901. 
(Rapport  annuel  du  secretariat  typographique  international  pour  1901) 
Basel,   Buchdruckerei  des  Schweizerischen  Tyrographenbundes,   1902. 

8.  Apostol,  Dr.  P.  N. — Der  V.  Internationale  Arbeiterversicherungskon- 
gress  in  Paris.    Promischlennost  i  Sdorowje  1902.     1. 

9.  VI.  internationaler  Arbeiterversicherungskongress  (Diisseldorf,  17.- 
24.  Juni  1902).  Bericht  des  schweiz.  Delegicrten  an  den  Vorsteher 
des  schweiz.     Industriedepartements.   S.  W.  S.  X.   19. 

10.  XI.  internationaler  Kongress  fiir  Hygiene  und  Demographic  Briissel. 
Oesterreichisches  Sanitdtswesen.  XIV.  47.,  Wien. 

11.  Feigenwinter,  Dr.  E. — Internationale  Vereinigung  fiir  gesetzlichen 
Arbeiterschutz,  Monatsschrift  fiir  christliche  Socialrcfortn,  XXIV. 
10.  Basel. 

12.  Miiller,  Dr.  H.— Internationaler  Arbeiterschutz.  Zeit.  XXXIII.  421. 
Wien, 

13.  Fuchs,  Dr. — Die  Verhandlungen  der  internationalen  Vereinigung  fiir 
gesetzlichen  Arbeiterschutz  in  Basel  am  9.,  10.,  u.  11.  Sept,  1903.  S. 
P,  XII.  52. 

14.  ProtokoU  der  internationalen  Buchdruckerkonferenz.  Abgehalten  am 
14.  und  15.  April  1903  im  Rathaussaale  zu  Strassburg.     Basel  1903. 

15.  Internationales  Regierungskongress  fiir  Arbeiterschutz.  S.  P.  XIII. 
30. 

16.  Internationaler  Genossenschaftskongress  in  Budapest.  L.  Gen.  1.  4. 

17.  Kongress  der  Internationalen  Genossenschafts-Allianz.    A.  Gen.  II.  4. 

18.  Verhandder  Steinsetzer,  Pflasterer  und  Berufsgenossen  Deutschlands. 

19.  Denschrift  der  erste  international  Strassenkongress  zu  Paris  und  die 
Arbeiterschaft  des  Steinsetzer — (Pflaster-)    Gewerbes. 

20.  Hue,  O.  Internationale  Bergarbeiterkongresse  N.  Z.   1901.  39. 

21.  Die  internationale  Vereinigung  fur  gesetzlichen  Arbeiterschutz.  H. 
M.  1901  XVI.  43. 

339 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

22.  Internationaler  Kongress  de  socialistischen  Transportarbeiter  in  Paris. 
S.  R.  II.  2. 

23.  Gugax,   Dr.   P. — Der  internationalc  Textilarbeiterkongress  in  Zurich 
(1-6  Juni).  S.  W.  S.  X.  12. 

24.  Baudert,  A. — Der  fiinfte  internationalc  Textilarbeiterkongress.  N.  Z. 
XX.  2,  13. 

25.  Internationaler  Textilarbeiter  kongress  C.  G.  D.  XII.  26. 

26.  Francke,  Prof.  Dr.  C. — Der  Internationale  Arbeiterversicherungskon- 
gress  in  Diisseldorf.  S.  P.  XI.  38. 

27.  Der  VI.  Internationale  Arbeiterversicherungskongress  in  Diisseldorf. 
S.  P.  XI.  40. 

28.  VI  internationaler  Arbeiterverischerungs  kongress.     (Diisseldorf.    17- 
24.  Juni  1902)  S.  W.  S.  X.  19. 

29.  Zum  VI  internationalen  Wohnungskongress  in  Diisseldorf.     S.  P.  XI. 
37,  39. 

30.  Der  VI.  internationalc  Wohnungskongress  1902.  S.  R.  III.  7. 

31.  Der  internationalc  Bergarbeiterkongress.  S.  P.  XI.  36. 

32.  Der  fiinfte  Internationale  Genossenschaftskongress.     S.  P.  XI.  45. 

33.  Der  fiinfte  internationalc  Textilarbeiterkongress.     S.  P.  XI.  37. 

1904. 

1.  Jahresbcricht  des  Internationalen  Buchdruckersekretariats  pro  1903. 
Basel,  Schweiz.    Typographenbund,  1904. 

2.  Hertz,  Dr.  Jak.  Internationaler  Arbeiterschutz.     S.  M.  1904.  XXX.  8. 

3.  Die  franzosisch-italienische  Arbcitcrschutzkonvention.  A.  A.  1904. 
II.  4. 

4.  Internationaler  Arbeitsmarkt  (Belgien,  Deutsches  Reich,  England, 
Frankreich,  April  1904)  S.  R.  1904.  V.  6,  7,  8. 

5.  Internationaler  Arbeitsmarkt  (Belgien,  Deutsches  Reich,  England, 
Frankreich  vom  Juli  1904  bis  Marz  1905.)  S.  R.  1904.  No.  9.  10.  11. 
12;  1905.  No.  1.  2.  3.  4.  5. 

6.  Internationale  Streikstatistik.  (Der  Arbeitsmarkt  (Jastrow)  1904. 
VIII.     No.  1. 

7.  Ein  internationales  Gesundheitsamt.  B.  S.  V.  1904.  XV.  No.  21 ;  Die 
Humanifdt,  1904.  XVII.    12.,  Reichenberg;  B.  S.  V.  1904.  XV.  17. 

8.  Erster  internationaler  Bericht  tiber  die  Gewerkschaftsbewegung  1903. 
Herausgeg.  von  dem  Internationalen  sekretar  der  gewerkschaftlichen 
Landeszentralcn.  Verlag  der  Generalkommission  der  Gewrkschaften 
Deutschlands.  Berlin  1904. 

International  Labor  Congresses. 

1.  Schmid,  F. — Der  XI.  internationalc  Kongress  fiir  Hygiene  und  Demo- 
graphic in  Briissel  1903.  Bericht  zu  Handen  des  h.  schweiz.  Bundes- 
rates  erstattet.     Bern,  Scheitlin  Spring  &  Cic.,  1904. 

2.  Internationales  Informationsbureau  der  Metallarbciter.     Bericht  der 


BIBLIOGRAPHY 

englischen    Sektion    1904.      Zur    Bcmitzung    fiir   dcii    internationalcn 
Metallarbeitcrkongrcss   in  Amsterdam.     Herausgegeben   in   Auftrage 
des  vorbereitenden  Ausschusscs.   1904. 
3.   Generalversammlung  (III.)  der  internat.  Vereinigung  fiir  gesetzlichen 
Arbeiterschutz.  S.  P.  XIV.     1904  1. 

5.  Generalversammlung  der  internationalen  Arbeiterschutzvereinigung  in 
Basel.     C.  G.  D.   1904.  XIV.  40. 

6.  Internationale  Berufskongrcsse.    C.  G.  D.  1904.  XIV.  29. 

7.  Bohmert,  Prof.  Dr.  V. — Der  III.  intcrnationale  Frauenkongress  in 
seinen  Beziehung  zur  Arbeiterfrage.    A.  Fr.  1904.  XLII.  2. 

8.  Die  interessen  der  Arbeiterinnen  und  der  internationale  Frauenkon- 
gress.   C  G.  D.  1904.  XIV.  26. 

9.  Der  VI.  Kongress  der  Internat.  Genossenschafts — Allianz.  Nachrich- 
ten  des  Verba iides  landswirtschaftlichcr  Gciiosscnschaftcn  in  Schle- 
sien.    1904.  IX.  14.  Bielitz;  Gen.  1904.  XXXIII.  Z2. 

10.  Der  VI.  internationale  Genossenschaftskongress  in  Budapest.  Blatter 
fiir  Genossenschaftswescn,  1904.  27. 

11.  Die  internationale  Arbeiterschutzkonferenz.  I.  1904.  IX.  No.  43. 

12.  Vom  internationalen  Sozialisten  Kongresse  in  Amsterdam.  I.  1904.  IX. 
No.  37. 

13.  Kautsky,  K.— Den  Kongress  zu  Amsterdam.  N.  Z.  1904.  XXII.  2.  Bd. 
No.  48. 

14.  Wolff,  H.  W. — Der  internationale  Genossenschaftskongress  zu  Buda- 
pest. B.  G.  1904.  No.  48;  A.  Fr.  1904.  XLII. 

15.  Der  internationale  Genossenschaftskongress  in  Budapest.  L.  Gen.  1904. 
I.  No.  14;  A.  Gen  1904.  II.  11;  Gen.  1904.  XXXIII.  No.  45.  41.  42; 
S.  C.  V.  1904.    IV.  No.  49-51,  53.    IV.  No.  46.  47.  48. 

16.  Der  internationale  Genossenschaftskongress  in  Budapest  und  die 
Konsumgenossenschaftliche  Bundschau.    Gen.  1904.  XXXIII.    No.  46. 

17.  Zum  VI.  internationalen  Genossenschaftskongress  in  Budapest.  S.  C. 
V.  1904.  IV.  No.  36.  Z7.  38;  B.  G.  1904.  No.  45. 

18.  Internationale  Gewerkschaftskongress.     Gsch.  1904.  n.  f.  VI.     No.  17. 

19.  Tabakarbeiterkongress,  ein  internationaler.  Ai.  Z.  1904.  XIII.     No.  20. 

20.  Transportarbeiterkongress,  der  internationale,  Zrd.  1904.  I.  No.  5. 

21.  III.  Generalversammlung  der  Internat.  Vereinigung  fiir  gesetzlichen 
Arbeiterschutz.  S.  R.  1904.  10. 

International  Labor  Organisations. 

1.  Schweizerische  Vereinigung  zur  Forderung  des  internationalen 
Arbeitcrschutzes.  Heft  9.  I.  Statuten  der  schweizerischen  Vereinigung 
vom  17.  Dezember  1903.  II.  Bericht  des  Vorstandes  iiber  die  Tatig- 
keit  des  Vereins  in  2.  Halbjahre  1903.     Bern  1904. 

2.  Internationale  Vereinigung  fiir  gesetzlichen  Arbeiterschutz.  B.  S.  V. 
1904.  XV.  No.  22. 

3.  Gesellschaft    fiir    soziale    Reform,    Intci-nationale    Vereinigung    fiir 

341 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

gesetzlichen  Arbeiterschutz.  A.  S.   1904.  XV.  No.  20. 

1905. 

1.  Verhandlungsbericht  der  3.  Gen.  Vers,  des  Komitees  der  internat 
Vereinig.  fiir  gesetzl.  Arbeiterschutz,  nebst  Jahresberichten  der  in- 
ternat. Vereinig,  und  des  internat.  Arbeitsamtes.  Herausgeg.  vom 
Bureau.    Jena,  G.  Fischer,  1905. 

2.  Die  internationale  Regelung  des  Arbeiterschutzes.  Die  Phosphorfrage 
Die  Arbeit.  1905.  XII.  No.  16.  Wieti. 

3.  Jahresbericht  des  internat.  Buchdruckersekretariats  fiir  1904.  Basel, 
Schweiz.   Typogr.    Bund,    1905. 

4.  Der  Jahresbericht  der  internationalen  Genossenschafts — Allianz.  Gen. 
1905.  XXXIV.    No.  22. 

5.  Internat.  Arbeitsmarkt.  S.  R.  1905.  VI.  No.  6-9;  R.A.  1905.  III. 
No.  5-10. 

International  Labor  Congresses. 

1.  Der  internationale  Frauenkongress  in  Berlin  1904.  Bericht  mit  ausge- 
wahlten  Referaten.  Herausgeg.  im  Auftrage  des  Vorstandes  des 
Bundes  deutscher  Frauenvereine  von  Marie  Stritt.  Berlin,  C.  Habel, 
1905. 

2.  Bohmert,  Prof.  V. — Die  internationalen  Bestrebung  fiir  Arbeiterschutz 
und  Volkerfrieden.  (Ein  Kernpunkt  der  Arbeiterfrage)  A.  Fr.  1905. 
XLIII.  2. 

3.  Frey,  E. — Die  internat.  Arbeiterschutzkonferenz  in  Bern.  S.  W.  S. 
1905.  XIII.  17. 

4.  Zinner,  D. — Die  internationale  Arbeiterschutzkonferenz  in  Bern.  C. 
G.  D.  1905  XV.  No.  23. 

5.  Die  internationale  Regelung  des  Arbeiterschutzes.  (Zu  den  letzten 
Beschliissen  der  Berner  Konferenz)  Die  Arbeit.  1905.  XII.  No.  841. 
Wien. 

6.  Die  Berner  Regierungskonferenz  fiir  internat.  Arbeiterschutz  und  das 
Weissphosphorverbot.  A.  S.  1905.  XVI.  No.  11. 

7.  Zur  internationalen  Arbeiterschutzkonferenz  in  Bern.  A.  S.  1905. 
No.  12. 

8.  Die  internationale  Arzeiterschutzkonferenz.  Z.  G.  H.  1905.  XIV. 
No.  16. 

9.  Internationale  Konferenz  fiir  Arbeiterschutz  in  Bern  vom  8.-17.  Mai 
1905.  R.  A.  1905.  III.  No.  7. 

10.  Internat.   Arbeiterschutzkonferenz  in   Bern.   S.   R.    1905.     VI.   No.  6. 

11.  Baudert,  A. — Der  VI  internationale  Textilarbeiterkongress  in  Mailand. 
N.  Z.  1905.  XXIII.  II.  No.  44. 

12.  Kongress,  III.  internat.  der  christl.  Textilarbeiterorganisationen  in 
Liittich  vom  2.  bis  1.  August,  1905.  R  .A.  1905.  III.  No.  11;  S. 
P.  1905.  XIV.  No.  45. 

13.  Internationaler  Textilarbeiterkongress,  III.  Der  christliche  Gewerk- 
schafter,  1905.  II.  No.  16.     Wien. 

342 


BIBLIOGRAPHY 

14.  Der  Internationale  Textilarbeiterkongress  in  Mailand.     Ocsterreich- 
ische  Wollen-und  Leinenindustne,  1905.  XXV.     No.  14.     Richenberg. 

15.  Internationaler   Kongress,   II.   der  gegenseitigen   Hilfsund   Kranken- 
kassen  in  Liittich.  A.  S.  1905.  XVI.  No.  17.  18. 

19.  Der  VI  internat.  Textilarbeiterkongress.  S.  P.  1905.  XIV.  No.  42. 

20.  Internat.  Tuberkulosekongress  III.  S.  P.  1905.  XV.  5. 

21.  Die    internat.     Konferenz     der    Sekretare    der    Gcwerkschaftlichen 
Landeszentralen.  Gsch.  1905.  n.  f.  VII.  No.  13. 

22.  Nachlange  von   der  internationalen   Gewerkschaftskonferenz.     Gsch. 
1905.  n.  f.  VII.  No.  14. 

23.  Brod.     J. — Internationaler     Kongress     der     gegenseitigen     Hilfsund 

Krankvereine    in    Lttich.      Volkstiimliche    zeitschrift    fiir   praktische 
Arheiterversichernng.     1905.  XI.  No.  18.  Magdeburg. 

24.  Der  VII.  internat.  Arbeiterversicherungskongress.  I.  1905.  X.  No.  38; 
S,  R.  1905.  VI.  No.  9;  Z.  G.  H.  1905.  XIV.  No.  17. 

25.  Wagner,   Dr.    M. — Der   internat.   Arbeiterversicherungskongress.     S. 
K.  1905.  XXV.  11. 

26.  Internat.   Wohnungskongress,   VII.   in   Liittich.    Zeitscrift  fiir   Woh- 
nungswesen.  1905.  III.  No.  22.  Berlin. 

27.  Fuchs,  Prof.  Dr.  K.  F.— Der  VII.  Internationale  Wohnungskongress 
in  Liittich.  S.  P.  1905.  XV.  (I.  II.)  No.  50.  51. 

28.  Der  VII.  internat.  Wohnungskongress.    Beamtenhauzeitung,  1905.  III. 
No.  9.  Wien. 

29.  Berlepsch.    Die    Regierungskonferenz    fiir    internationalen    Arbeiter- 
schutz  in  Bern.  S.  P.  1905.  XIV.  No.  31. 

30.  Die  amtliche  Einladung  zur  internationalen  Regierungskonferenz  fiir 
Arbeiterschutz.  S.  P.  1905.  XIV.  No.  16. 

31.  Internationale  Regierungskonferenz  fiir  Arbeiterschutz  in  Bern.  R.  A. 
1905.  III.  No.  2. 

32.  Die  Ergebnisse  der  internationalen  Regierungskonferenz  fur  Arbeiter- 
schutz in  Bern.  S.  P.  1905.  XIV.  No.  34. 

33.  Von  der  Berner  internationalen  Arbeiterschutzkonferenz.     S.  P.  1905. 
XIV.  No.  35;  S.  R.  1905..  1. 

34.  Der  VII.  international  Arbeiterversicherungskongress,  Der  christiche 
gewerkschafter,  Wien,  1905.  19. 

35.  Stier-Somlo. — Die  erste  internationale  Arbeiterschutzkonvention,  1905. 
B.  R.  V.  Juli. 

36.  Internat.  Tuberkulosekongress  zu  Paris;  1905.  S.  R.  1905.  VI.  10. 

International  Labor  Organizations. 

1.  Reichesberg,  N. — Bestrebungen  und  Erfolge  der  internationalen  Vere- 
inigung  fiir  gesetzlichen  Arbeiterschutz  und  des  internationalen 
Arbeitsamtes.  S.  W.  S.  1905.  XIII.  No.  3.  4.  5, 

2.  Ein  Jahrbuch  der  internationalen  Gewerkschaftsbewegung.  (1)  Gsch. 
1905;  N.  F.  VII.  No.  6.  7. 

3.  Griindung  eines  internationalen  Gesundheitsamtes.  G.  Ing.  1905. 
XXVIII.  No.  3. 

343 


THE  INTERNATIONAL   PROTECTION   OF   LABOR 

1906. 

1.  Internationale  Regelung  dcr  Arbeitzeit  in  dcr  Baumwollindustrie.  I. 
1906.  XI.  13. 

2.  Kleeis,  Fr. — Eine  internationale  Gesellschaft  fiir  Arbeiterversicherung. 
Volkstiimliche  Zcitschrift  fiir  praktische  Arbeiterversicherung,  Magde- 
burg, 1906.  XII.  2. 

3.  Internationale  Arbeiterversicherung.  Deutsche  Wirtschaftszeltung, 
Berlin,  1906.  II.  2. 

4.  Internal.  Jahresbericht  des  internal.  Buchdrucker-Sekretariats,  1905. 
Rapport  annual,  die  Sekretariat  Tj'pogr.  International.  Basel,  Schwciz. 
Typogr. — Bund,  1906. 

5.  Erster    Bericht    des    internal.      Steinhauersekretariats    pro    1904    und 

1905.     Bern,  Unionsdrucherer,   1906. 

6.  Dochow,  F. — Zeitschrift  fiir  Internationales  Privat-und  offentliches 
Recht,  Liepzig,  1906. 

International  Labor  Conferences, 

1.  Die  internationale  diplomatische  Arbeiterschutzkonferenz  in  Bern.  Z. 
G.  H.  1906.  XIII.  17. 

2.  Internationaler   diplomatischer  Arbeiterschutz.   Gsch.    1906.   VIII.    19. 

3.  Der  Genfer  Kongress  der  Internationalen  Arbeiterassoziation  und  die 
Gewerkschaftsfrage.    C.  G.  D.  1906.  XVI.  41. 

4.  Delegiertenversammlung  der  internationalen  Vereinigung  fiir  gesetz- 
lichen  Arbeiterschutz  von  27-29  September  1906  zu  Genf.  A.  S.  1906. 
XVII.  20. 

5.  Die  internationale  Regierungskonferenz  fiir  Arbeiterschutz.  S.  P.  1906. 
XVI.  1. 

6.  Zur  internationalen  Regierungskonferenz  fiir  Arbeiterschutz  in  Bern. 
A.  S.  1906.  XVII.  20. 

7.  Die  internationalen  Arbeiterschutz-Staats-vertrage.  R.  A.  1906.  IV.  10; 

S.  P.  1906.  XVI.  3. 

8.  Inter,  diplomatische  Arbeiterschutzkonferenz  Bern  19.-26.  Sept. ;  In- 
ternat.  Vereingung  fiir  gesetzlichen  Arbeiterschutz.  M.  R.  1906. 
XIV.  43. 

9.  Internationales  Uebereinkommen  iiber  die  Verwendung  weissen  (gel- 
ben)  Phosphors  in  der  zundholzschcnindustric.     S.  R.  1906.  VII.  11. 

10.  Internationales  Uebereinkommen  iiber  die  industriclle  Nachtarbeit  der 
Frauen.     S.  R.  1906.  VII.  10. 

11.  IV.  Generalvcrsammlung  der  international  Vereinigung  fiir  gesetz- 
lichen Arbeiterschutz.  S.  R.  1906.  VII.  10. 

12.  Das  internationale  Uebereinkommen  betreffend  das  Verbot  der  Ver- 
wendung weissen  (gelben)  Phosphor  in  der  Streichholzindustrie.  A. 
S.  1906.  XVII.  21. 

13.  Die  Phosphornekrose.  Aus  den  Schriften  der  internationalen  Verein- 
igugng  fiir  gesetzlichen  Arbeiterschutz.     A.  S.  1906.  XVII.     17. 

344 


BIBLIOGRAPHY 

14.  Zur  Frage  des  Phosphorverbotcs  au£  dcr  internationalen  Arbeiter- 
schutzkonferenz  in  Bern.  A.  S.  1906.  XVII.  19. 

15.  I.  Internationaler  Kongress  gegcn  Arbcitslosigkeit.  S.  R.  1906.  VII.  11. 

16.  Erstcr  internationaler  Kongress  fiir  gewcrblichc  Bcrulskrankheiten. 
S.  R.   1906.   VII.   7. 

17.  Interationalcr  Hutarbeiterkongrcss,  C.  G.  D.  1906.  XVI,  34. 

18.  Francke  Prof.  Dr.  E.— Die  4  .Gencralversammlung  der  Interna- 
tionalen Vereinigung  fiir  gesetzlichen  Arbeiterschutz.  S.  P.  1906. 
XVI.  1. 

19.  Hue.  O. — Vom  internationalen  Bergarbeiterkongress.  Gew.  1906.  X. 
25. 

20.  Frey,  E. — Verhandlungen  dcr  diplomatischen  Konferenz  fiir  inter- 
nationalen Arbeiterschutz.  Bern,  17-26.  September,  1906.  S.  W.  S. 
XIV.  18. 

21.  Kahn,  O. — Der  I.  Internationale  Kongress  zu  bekampfung  Arbcits- 
losigkeit. S.  P.  1906.  XVI.  6. 

22.  Kogler,  K. — Der  VII.  Arbeiterversicherungskongress.  Z.  V.  S.  V. 
XIV.  6. 

23.  Pieper,  Dr. — Internationale  Vereinigung  fiir  Gesetzlichen  Arbeiter- 
schutz   S.  K.  1906.  XXVI.  11. 

24.  Rambousek,  Dr. — Der  erste  internationale  Kongress  fiir  Arbeiterk- 
rankheiten  in  Mailand.    Z.  G.  H.  1906.  XVIII.  12,  13.  14. 

25.  Hahn,  M. — Internationale  Kongress  fiir  Gewerbekrankheiten  in  Mai- 
land.   G.  1906.  20  U  21.  Juli. 

Mailand.  G.  1906.  20  U  21,  Juli. 

26.  Reichesberg,  N. — Die  IV.  Delegiertenversammlung  der  Interna- 
tionalen Vereingung  fiir  gesetzlichen  Arbeiterschutz.  (Genf.  vom  27.- 
29.   September  1906)    S.  W.  S.   1906.  XIV.   17. 

27.  IV.  Delegiertversammlung  der  Internat.  Vereinig.  fiir  gesetzl.  Arbeit- 
erschutz. S.  P.  1906.  XV.  41. 

28.  Der  Internat.  Transportarbeiterkongress.  S.  P.   1906.  XV.  43. 

29.  Weingartz,  B. — Internat.  Kongress  der  Bergarbeiter.  C.  G.  D.  1906. 
XVI.  25. 

30.  XVII.  internationaler  Bergarbeiterkongress  in  London,  S.  R.  1906. 
VII.  6. 

31.  Internat.  Konferenz  der  Handlungs-und  Ladengehilfen.  C  G.  D, 
1906.  XVI.  27. 

32.  Ein  internat.  Kongress  fiir  Arbciterkrankhcitcn.   S.  P.   1906.  XV.  40. 

33.  Manes  A.  Eindruck  vom  Wiener  Arbeitsvcrsichcrungs — Kongresse. 
Z.  Vers.  1906.  Jan. 

34.  Internat.  Verband  der  Grubenarbeiter.  Der  17.  internat.  Kongress  im 
Westminster  Palace  Hotel.  Victoria  Street,  London,  Dienstag,  den  S. 
June  1906  und  an  den  folgenden  Tagen.  Manchester,  T.  Ashton,  1906. 

International  Labor  Legislation. 

1.  Internationaler  Arbeiterschutz.. H.  M.  1906.  XXI.  43. 

2.  Schippel,  M. — Die  Konkurrenz  der  fremdcn  Arlicitskriiflc  znr  Tagc- 

345 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

sordnung  des  Stuttgarter  Internationalcn  Kongresses,  S.  M.  1906.  X. 
(XII.)  11.  9. 

3.  Kaff,   S.— Internationaler  Arbeiterschutz.   C.   G.   D.    1906.  XVI.  5. 

4.  Internationale  Arbeiterschutzvertrage.   S.   P.    1906.   XV.  42. 

International  Labor  Organizations. 

1.  Die  internationale  Gewerkschaftsbewegung.  S.  P.  1906.  XV.  48. 

2.  Das  Jahrbuch  iiber  die  internationale  Gewerkschaftsbewegung.  Gsch. 
1906.  II.  Mai. 

3.  Springer,  R. — Nationalismus  und  Internationalismus  in  der  Gewerk- 
schaftsbewegung. Gsch.  1906.  VIII.  3.  4. 

4.  Die  Internationale  iiber  die  Gewerkschaften.  N.  Z.  1906.  22  Sept. 

5.  Jannson,  W. — Internationales  aus  der  Gewerkschaftsbewegung.  N.  Z. 
1906.  XXIV.  II.  33. 

6.  Der  2  internat.  Bericht  iiber  die  Gewerkschaftsbewegung  im  Jahre 
1904.  C  G.  D.  1906.  XVI.  15.  16. 

7   Die  internat.  Gewerkschaftsbewegung  im  Jahre  1904.  R.  A.  1906.  IV.  6. 

1907. 
International  Labor  Conferences. 

1.  Internationale  Arbeiterkongresse.  H.  T.   1907.  L.  35. 

2.  Vom  internationalcn  Arbeiterkongress.  Gew.  1907.  36.  S.  721-725. 

3.  Der  internationale  Arbeiterkongress.   Gew.    1907.   33,    S.   665-668. 

4.  Die  erste  internationale  Gemeindearbeiter-Konfrenz.  Gew.  1907.  34,  S. 
681-686. 

5.  Vom  internationalcn  Sozialistenkongress.  G.  1907,  68,  S.  269. 

6.  Vom   XVIII.   internationalcn   Bergarbeiterkongress.    G.    1907.    76,   S. 
302-303. 

7.  Der  internationale  Sozialistenkongress.  1907.  E.  Z.  1907.  21,  S.  1. 

8.  Internationale  Transportarbeiterkonferenz.  E.  Z.  1907.  25,  S.  6. 

9.  Der  internationale  Kongress  in  Stuttgart.  A.  St.  1907.  17,  S.  133-135. 

10.  Kautsky,  K.— Der  Stuttgarterkongress.  N.  Z.  1907.  XXV.  48. 

11.  Michels,  R. — Der  erste  internationale  Kongress  zur  Kekampfung  der 
Arbeitslosigkeit.  N.  Z.  1907.  XXV.  14. 

12.  Reichesberg,  J. — Der  internationale  Sozialistenkongress  in  Stuttgart. 
S.  W.  S.  1907.  12. 

13.  Die  Gewcrkschaftsfrage  auf  dem  internationalcn  Sozialistenkongress 
in  Stuttgart.  Z.  C.  G.  D.  1907.  VII.  20. 

14.  Internationaler  Kongress  fiir  Sonntagsgruhe.  Z.  C.  G.  D.  1907.  VII.  23. 

15.  Internationaler  Bergarbeiterkongress.  Z  .C.  G.  D  1907.  VII.  20. 

16.  IV.  internationaler  Kongress  christlicher  Textilarbeiterorganisationen. 
Z.  C.  G.  D..  1907.  VII.  18. 

17.  Zum   internationalcn   sozialistischen   Arbeiter-und   Gewerkschaftskon- 
gress  in  Stuttgart.  C.  G.  D.  1907.  33,  S.  513-515. 

18.  5.     Internationale   Konferenz   der   Sekrctare   der  gewerkschaftlichen 
Landeszentralen.  C  G.  D.  1907.  39,  S.  617-620. 

346 


BIBLIOGRAPHY 

19.  Scchster    intcrnatio;  .ilcr    Kongrcss    dor    Lithographcn    Stcindruckcr 
verw.  Berufc.  C.  G.  l).  1907.  41,  S.  653. 

20.  Der    vierzehnte    inti^rnationalc    Kongress    fur    Hj'gicne    und    Demo- 
graphci.  C.  G.  D.  1907.  41,  S.  656. 

21.  Internationale  Berulskonfcrcnz.  C.  G.  D.   1907.  35,  36,  27,  38,  39,  S. 
554-555,  569-571,  589-590,  600-602,  620-623. 

22.  Internationale  Berufskongrcss  und  Konferenzen.  C.   G.   D.   1907.  22, 
S.  344-345. 

23.  Achtzehnter  internationaler  Bcrgarbciterkongrcss  in  Salzburg;  C.  G. 
D.   1907.  41.   S.   653-655. 

24.  Vom    internationalen    sozialistischen    und    Gewerkschaftskongress    in 
Stuttgart.   C.   G.   D.   1907.  35,   S.   550-554. 

25.  Internationaler  Buchdruckerkongress.  C.  G.  D.  1907.  32,  S.  505. 

26.  Kloth,  E. — Internationale  Konferenz  der  Vertreter  der  Buchbindcr- 
Verbande.  C.  G.  D.  1907.  31,  S.  494-496. 

27.  Internationale  Steiiisctzerkonfcrenz.  C.  G.  D.   1907.  9,  S.   140-141. 

28.  Internationale  Gev,  erkschaftskongresse.  S.  P.  1907.  XVI.  49. 

29.  Der  14,  intcrnatiouale  Kongress  fiir  Hygiene  und  Demographie.  S.  P. 
1907.  XVII.  3. 

30.  Der  18.  Internationale  Bergarbeiterkongress  in  Salzburg.  S.  P.  1907.  1. 

31.  Die  Internationale  Zimmererkonferenz.  S.  P.  1907.  XVI.  31. 

32.  Internationale  Gewerkschaftskongresse.  G.  P.   1907.  XX.  38. 

33.  Internationale  Gewerkschaftskongresse.  Gsch.  1907.  17.  18.  19,  S.  345- 
348,  369-371,  380-383. 

34.  Funfte  intcrnatiouale  Konferenz  der  Sekretare  der  gewerkschaftlichen 
Landeszentralen  in  Christiania.  Gsch.  1907.  18,  S.  358-365. 

35.  Internationale  Fachkongresse.     Gsch.  1907.   16,  S.  331-334. 

36.  Sechster  internationaler  Lithographenkongress.  Gsch.  1907.  19,  S.  379- 
380. 

37.  Worner,  Z. — Ergebnisse  des  internationalen  Kongresses  fiir  Versicher- 
ungswissenschaft.  Z.  G.  St.  1907.  2. 

38.  Internationaler   Kongress    der   Bacher,    Konditoren   und   Vcrwandter 
Berufsgenossen.    V.    1907.    29,    VIII. 

39.  XVIII.    internationaler    Bergarbeiterkongress    in    Salzburg.    B.    Arb. 
1907.  X.  39,  40,  41. 

40.  18.     Internationaler  Bergarbeiterkongress.  W.  A.  Z.  1907.  IX.  40. 

41.  Der  18.  internationale  Bergarbeiterkongress  in  Salzburg.  A.  S.  XVIII. 
20,  S.  322-323. 

42.  VIII.  internationaler  Wohnungskongress  in  London.  W.   S.   M.   1907. 
33,  S.  391-393;  M.  R.  1907.  15  Aug. 

43.  Katscher,    L. — Vom    achten    internationalen    Volkswohnungskongress. 
Gen.  1907.  37,  38. 

44.  Internationaler  Kongress  fiir  Hygiene  und  Demographic.  J.   1907.  9. 
XIV. 

45.  Mitteilung,    betr.    die    Veranstaltung    eines    internationalen    Kinder- 
schutzkongresses  in  Berlin.    B.  1907.  7.  8. 

347 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

46.  Die  intemationale  Jugendkonferenz  in  Stuttgart.  J.  A.  1907.  10,  S.  3. 

47.  Erster  Internationaler  Kongress  der  Bacher,  Konditoren  und  ver- 
wandter  Berufsgenossen,  abgehalten  zu  Stuttgart  am  24,  und  25. 
August  1907.  Hamburg,  Allmann,   1907. 

48.  Sechster  internationaler  Kongress  der  Lithographen  und  Steindrucker, 
1907.  Abgehalten  am  19.  bis  21.  September  1907  in  Kopenhagen,  Ber- 
lin, O.  Sillier,  1907. 

49.  Internationaler  Arbeiterversicherungs-Kongress,  7.  Tagung,  Wien,  17.- 
23.  Sept.  1905.  Wien,  F.  Deutsche,  1907. 

50.  Stradal,  A.  G.-Der  8.  intemationale  Wohnungskongress  in  London, 
vom.  3.-10.  August  1907.  (S.-A.  aus:  Oesterr.  Wochenschrift  fiir  den 
oflfentlichen  Baudienst,  1907.  43,  44.)     Wien,  Selbstverlag,  1907. 

51.  Schweiz.  Vereinigung  zur  Forderung  des  internationalen  Arbeiter- 
schutzes,  Die  Diplomatenkonferenz  fiir  Arbeiterschutz.  (Bern,  17.-26. 
September  1906.)  Bericht  von  alt  Bundesrat  E.  Frey,  Bern,  Die  IV. 
Delegiertenversammlung  der  Internationalen  Vereinigung  fiir  gesetz- 
lichen  Arbeiterschutz.  (Genf.  27.-29.  September  1906.)  Bericht  von 
Professor  Dr.  N.  Reichesberg,  Bern.  21  p.  Bern,  Schertlin,  Spring  & 
Cie,  1907. 

52.  Internationale  Vereinigung  fiir  gesetzlichen  Arbeiterschutz.  Verhand- 
lungsbericht  der  vierten  Generalversammlung  des  Komitees  der  Inter- 
nationalen Vereinigung  fiir  gesetzlichen  Arbeiterschutz,  abgehalten  zu 
Genf  vom  26.-29.  September  1906,  nebst  Jahresberichten  der  I.  V.  und 
des  Int.  Arbeitsamtes  und  synoptischen  Uebersichten.  XVI. -157  p. 
Jena,  Gustav  Fischer,  1907. 

53.  Eckhardt,  F. — Der  intemationale  Bergarbeiterkongress.  A.  R.  1907. 
41.  p.  571-572. 

54.  I.  intemationale  Friseurgehilfen  Konferenz.  Co.  1907.  X.  17. 

55.  V.  internationaler  Buchdruckerkongress  in  Paris.  H.  T.  1907. 

56.  Der  intemationale  Holzarbeiterkongress.     H.  Z.  1907.     XVI.  34. 

57.  I.  Internationale  Friseurgehiilfen-Konferenz :  Protokoll  der  Verhand- 
lungen  am  26.  und  27.  August  im  Gewerkschaftshause  zu  Stuttgart. 
Hamburg,  Etzkorn,  1907. 

58.  Internationaler  Genossenschaftsbund.  Protokoll  der  Verhandlungen 
des  VII.  Kongresses  in  Cremona  am  22.  bis.  25.  IX.  1907.  VIII  238 
p.     Berlin  und  London. 

59.  Internationale  Union  der  Holzarbeiter  1907.  Protokolle  der  inter- 
nationalen Holzarbeiterkongresse  zu  Amsterdam  1904  und  Stuttgart 
1907. 

International  Labor  Legislation, 

1.  Die  Arbeiterschutzgesetzbung   des   Auslandes  im   Jahre   1906.   A.   S. 
XVIII.  19,  S.  303-306. 

2.  Internationales  Abkommen  iibcr  die  Nachtarbeit  der  in  der  industrie 
beschaftigten  Frauen  in  Luxemburg.  S.  P.  1907.  7^VI.  49. 

3.  Das  intemationale  Abkommen  iiber  die  Nachtarbeit  der  in  der  Indus- 
trie beschaftigten  Frauen  in  Frankreich.  S.  P.  1907.  XVI.  39. 

348 


BIBLIOGRAPHY 

4.  Internationale  Unfallvcrsicherungsabkommen.  W.  N.  O.  1907.  49. 
Gsch.  1907.  22. 

5.  Dochow,  F. — Vereinheitlichung  des  Arbeiterschutzrechtcs  durch 
Staatsvertrage.  Ein  Beitrag  zum  internationalen  Vcrwaltungsrecht. 
VII-III  p.  Berlin,  C.  Heymann,   1907. 

6.  Reichesberg,  Prof.  Dr.  N. — Die  IV.  Delegiertcnversammlung  der  In- 
ternationalen Vereinigung  fiir  gesetzlichen  Arbeiterschutz  (Genf. 
September,  1906).  Veroffentlichungen  der  Scweiz  Vereinigung  zur 
Forderung  des  internationalen  Arbeiterschutzes,  Heft.  18:21.  S.  Bern. 

Scheitlin,   Spring  &  Cie,  1907. 

International  Labor  Organisations. 

1.  Der  dritte  internationale  Bericht  iiber  die  Gewcrkschaftsbewcgung 
1905.  C.  G.  D.  8  u.  9;  G.  P.  1907.  XX.  15,  16,  19,  20,  A.  St.  1907.  5. 

2.  Eine  internationale  Statistik  der  Starke  der  Gewerkschaften.  C.  G.  D. 
1907.  48,  S.  759. 

3.  Die  internationale  Gewerkschaftsbcwegung  im  Jahre  1905.  R.  A. 
1907.  V.  3;  S.  R.  1907.  VIII.  5. 

4.  Das  Jahrbuch  iiber  die  internationale  Gewerkschaftsbewegung.  Gsch. 
1907.  6. 

5.  Janson,  W. — Der  internationale  Gewerkschaftsbericht  fiir  1905.  N.  Z. 
1907.  XXV.  30. 

6.  Internationale  Gewerkschaften.  H.  Z.  1907.  XVI.  33. 

7.  Internationale  Gewerkschaftsorganisation.   E.  Z.   1907.   16,   S.  3-4. 

8.  Jahresbericht  1906.  Rapport  Annuel.  Basel,  Schweizer.  Typographen- 
bund,  1907. 

9.  Internationales  Sekretariat  der  im  Strassenbau  beschaftigtcn  Arbeiter. 
Zwefte  internationale  Kohferenz  der  im  Strassenbau  beschaftigtcn 
Arbeiter,  abgehalten  am  17.  Februar  1907  im  Volkshaus  zu  Leipzig. 
Berlin,   Selbstverlag. 

10.  Internationale  Gewerkschaftsorganisation.  Eis.  1907.  XV.  16. 

11.  Die  internationale  Buchdruckerorganisation  im  Jahrc  1906.  H.  T.  1907 
L.  34. 

12.  Eine  internationale  Buchdruckcrstatistik.  A.  St.   1907.   17,  S.   135-136. 

13.  Internationaler  Buchdrucker-Sekretariat :  Die  Gehilfcnorganzationen 
im  Buchdruckergewerbe.  II.  Serie :  Der  Strand  am  1.  Januar  1905. 
Basel,  Schweizer.     Typographenbund,  1907. 

14.  Die  internationale  Buchdruckerorganisation.  C.  G.  D.  1907,  31. 

1908. 
International  Labor  Legislation. 

1.  Internationaler  Arbeiterschutz  A.  S.  1908.  XIX.  3. 

2.  Die  Arbeiterschutzgesctzgebung  des  Auslandcs  im  Jahre  1906.  Oe. 
M.  1908.  XVIII.  10.  (Jahre  1908.  A.  S.  1909.  XX.  12). 

349 


THE   INTERNATIONAL   PROTECTION   OF  LABOR 

3.  ■  Dove,  H.  Ansatze  zur  internationalen  Regelung  des  Arbeiterschutzes 

B.  R.  V.  1908.  IV.  2,2. 

4.  Internationaler  Arbeiterschutz.  G.  1908.  XL.  77. 

5.  Verhandlungen  iiber  internationalen,  Arbeiterschutz  in  der  Britischen 
Vereinigung  fiir  Arbeitsgesetzgebung.     S.  P.  1908.  XVII.     37. 

6.  Schweden  und  die  Berner  Konvention  betr.  die  Nachtarbeit  der 
Frauen.  C.  G.  D.  1908.  XVIII.  22. 

7.  Internationaler  Arbeiterschutz.  Bhd.  1908.  IX.  22. 

8.  Die  auslandische  Arbeitsgesetzgebung  im  Jahre  1908.  L.  Z,  1908 
XVI.  34. 

International  Labor  Congresses. 

1.  Der  Internationale  Sozialistische  und  Gewerkeschaftskongress  in 
Stuttgart  (im  August  1907)  R.  A.  1908.  VI.  2. 

2.  Internationale  Konferenz  der  Hotel-Restaurant-und  Cafe-Angestell- 
ten  zu  Berlin.  Ho.  1908.  XL  11. 

3.  Internationaler  Verein  fur  Sonntags  feier.  Verhandlungen  des  XII. 
Internationalen  Kongress  fiir  Sonntagfeier  gehalten  den  27.  bis  29. 
Sept.  1907  in  Frankfurta.     M.  Reden  und  Berichte.  224  p.  Leipsig,  J. 

C.  Hinrichs,  1908.  M.  250. 

4.  V.  Delegier  tenversammlung  des  Internationalen  Vereinegung  fiir 
gesetzlichen  Arbeiterschutz.  P.  1908.  XVIL  42;  Ref.  A.  V.  1908. 
IV.  20;— S.  R.  1908.  IX.^;— W.  A.  Z.  1908.  X.  41. 

5.  Erste  internationale  Konfernz  christl.  Gewerkschaftsfuhrer.  B.  K. 
1908.  XIII.  33,  35;— W.  A.  Z.  1908.  X.  33;  TZ.  1908.  X.  33. 

6.  XIX.  Internationaler  Bergarbeiter-Kongress  in  Paris.  B.  Arb.  1908. 
XI.  25,  26,  27;— B.  K.  1908.  XIII.  25,  26;— Tex.  1908.  XX.  27;— Z.  C 
G.  D.  1908.  VIII.  13. 

7.  Der  internationale  Textilarbeiterkongress  Gsch.  1908.  X.  12. 

8.  Der  7.  internationale  Textilarbeiterkongress  C.  G.  D.  1908.  XVIII.  23. 

9.  Siebenter  internationale  Textilarbeiterkongress  in  Wien.  Tex.  1908. 
XX.  23. 

10.  Baudert.  Der  siebente  internationale  Textilarbeiterkongress  in  Wien, 
N.  Z.  1908.  38. 

11.  VIII.  Internationaler  Kongress  fiir  Arbeiterversicherung.  S.  P.  1908. 
IX.^. 

12.  Internationales  Buchdruckcr  Secretariat.  ProtokoU  des  V.  inter- 
nationalen Buchdruckerkongresses  in  Paris.  Vom  9.  bis  13.  Juli  1907. 
166p.  Basil,  Schweiz,  Typographenbund,  1908. 

13.  Verband  deutcher  Gastwertsgehiilfen.  I.  Internationale  Konferenz  der 
Hotel-Restaurant-und  Cafe-Angestellen.  Berlin,  17.-20.  Mai  1908.  41p. 
Berlin,  Selbstverlag,  1908. 

14.  Ein  internationaler  Arbeiterschutzkongress.  Sch.  1908.  XXII.  42. 

15.  Die  internationale  Vereinigung  fiir  gesetzlichen  Arbeiterschutz  an 
ithrer  Generalversammlung  in  Luzern.  B.  K.  1908.  XIII.  44,  45 ; — H. 

350 


BIBLIOGRAPHY 

A.  1908.  VIII.  11;— M.  R.  1908.  XVI.  41;— S.  R.  1908.  IX.  10;— S.  W. 
S.  1908.  XVI.  15/16;— Z.  C.  G.  D.  1908.  VIII.  21. 

16.  Francke,  Prof.  Dr.  E.  Die  5.    Generalversammlung  dcr  Internationaler 
Vcreinigung  fiir  gesetzlichcn  Arbeiterschutz.  S.  P.  1908.  XVIII.  2. 

17.  Katcher,  L.  Internationale  Vercinigung  fiir  gesetzlichcn  Arbeiterschutz 
(Delegiertenkonfercnz.)    S.  T.   1908.  VII.  34. 

18.  Der  8.  internationale  Arbeitervericherungskongress  in  Rom.  G.   1908. 
XL.  82;— M.  R.  1908.  XVI.  43-46;— 7?r/.  A.  V.  1908.  XV.  21 ;— S.  R. 

1909.  X.  1.— Z  Vers  1908.  VIII.  p.  391.  ' 

19.  Fiirst,  Dr.  M.  Der  VIII.  Internationale  Kongrcss  fiir  Arbeiterver- 
sicherung  in  Rom  und  die  Aerzte.  Rcf.  A.  V.  1908.  IV.  21. 

20.  Maner,  Prof.  Dr.,  Der  III.  Internationale  Kongrcss  fiir  Arbeiterver- 
sicherungskongress.  C.  1908. 

21.  Stier — Somlo,  Prof.  Dr.  Die  materlcllcn  Ergebnisse  desarbeiterver- 
sicherungskongress  in  Rom,  vom  10,  bis  16.  Oktober  1908.  Ref.  A. 
V.  1908.  IV.  1,  23. 

22.  Zacher,  Dr.  Der  8.  Internationale  Arbciterversichcrungskongress. 
(Rom  12.-16.  Oktober  1908)  S.  P.  1908  XVIII.  7. 

23.  V.  Sauter,  Dr.,  II.  Internationaler  Mittelstandskongress  in  Wien, 
Oktober,  1908.  S.  P.  1908.  XVIII.  7. 

24.  Protokoll  iiber  den  internationalen  Glasarbeiterkongress  zu  Paris. 
Abgeh.  vom  28.  Aug.  bisl.  Sept.  1908.  51  p.  Dresden,  P.  Kluge,  1908. 

25.  Protokoll  iiber  die  Verhandlungen  der  internationalen  Schneiderkon- 
ferenz;  abgehalten  am  24.  Aug.  1908  Zu  Frankfurt  A.M.  66  p.  Berlin, 
H.  Stiihmer. 

26.  Bericht  uber  die  I.  internationale  Konfercnz  christlicher  gewerk- 
schaftsfiihrer  im  Ziirlch,  1908.  (Deutsch,  Franzosisch,  Hollandisch) 
84  Koln,  Christl  gewerkschaftsverlag. 

International  Labor  Orga'iiizations. 

1.  Der   Vierte   internationale    Bericht   iiber    die    Gewerskschaftsbewung 

1906.  A.  St.  1908.  XXVIII.  6. 

2.  Internationaler  Sekretar  der  gewerkschaftlichen  Landeszentralen. 
Vierter  internationaler  Bericht  iiber  die  Gcwerkschaftsbewegung  1906. 
Berlin,  Generalkommission  der  gewerkschaften  Deutschlands,  1908. 

3.  Internationales  Steinhaversekretariat.     Zweiter  Bericht  pro  1906  and 

1907.  21  p.  Bern,  Unionsdruckerei,  1908. 

4.  Die  gewerkschaftliche  Internationale.  D.  B.  K.  Z.  1908.  XIV.  26. 

5.  Die   internationale   Gcwerkschaftsbewegung   im   Jahre    1906.      R.    A. 

1908.  VI.  5;— S.  R.  1908  IX.  5;— S.  Z.  1908.  XXII.  12;  Z.  C.  G.  D. 
VIII.  13. 

6.  Der  vierte  internationale  Bericht  iiber  die  Gcwerkschaftsbewegung 
1906.     C.  G.  D.  1908.  XVIII.  21,  23. 

7.  Fortschrift  dcr  internationalen  Gcwerkschaftsbewegung.  v.  Anz.  1908. 
XXII.  21. 

351 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

8.  Die  Internationale  Starke  der  Christlichen  Gewerkschaften.     S.  R.  V. 

1908.  11.  22. 

9.  Internationale  Bergarbeiterbewegung.     C.  G.  D.  1908.  XVIII.   19. 

10.  Die  Arbeiterorganisationen  der  Kulturstaaten.  G.  1908.  XL.  79. 

11.  Bericht  iiber  die  I.  internationale  Konferenz  christlicher  Gewerk- 
schaftsfiihrer  im  Ziirich,  1908.  (Deutsch,  Franzosisch,  Hollandisch,  84 
Koln,  Christl,  Gewerkschaftsverlag. 

1909. 

International  Labor  Legislation. 

1.  Bauer,  Prof.  Dr.  St. — Die  neuere  der  kinderschutzgesetzgebung  im 
Deutschland  un  dim  Grossbritannien.  (Separatabdruck  aus  den  Arch 
iv  fur  Sozialwissenschaft  und  Gozialpolitik).  Tiibingen  und  Leipzig, 
J.  C.  B.  Mohr. 

2.  Die  internationale  Schumacherbewegung,  Sch.  1909.  XXIII.  47. 

3.  Internationaler  Genossenschaftsbund.  I.  G.  1909.  II.  7,  8,  9. 

4.  Liiders,    E.    Internationale    Frauenbewegung   und   internationaler  Ar- 

beiterinnenschutz.  Fr.  1909.  XV.  7. 

5.  Liefmann,  Prof.  Dr.  R.  Die  Kartellund  Trustgesetzgebunz  des  Aus- 
landes.  S.  P.  1909  XVIII.  15. 

International  Labor  Congresses. 

1.  6.  Internationale  Gewerkschaftskonferenz.  A.  D.  G.  Z.  1909.  XIX.  37; 
Gew.  1909.  XIII.  37;  G.  P.  1909.  XXII.  ?>7 ;  F.  1909.  XVIII.  Z7.  T6. 

1909.  XVIII.  37. 

2.  Sechste  internationale  Konferenz  der  Gewerkschaftlichen  Landeszen- 
tralen.  C.  G.  D.  1901.  XIX.  Z7 ;  Z.  C.  G.  D.  1909.  IX.  22. 

3.  Sechste  internationale  konferenz  der  Vertreter  der  Gewerkschaft- 
lichen Landeszentralen.  Tex.  1909.  XXI.  ZS,  39. 

4.  Babron,  J. — Bericht  iiber  die  6.  internationale  Gewerkschaftskonferenz 
in  Paris.  Sch.  1909.  XXIIL  38. 

5.  Eine  internationale  konferenz  iiber  Arbeitslosigkeit.  S.  R.  1909.  X.  7. 

6.  Internationaler  Kongress  fiir  Bergbau,  Hiittenwesen,  angewandte 
Mechabik  und  praktische  Geologic,  Dusseldorf  1910;  S.  T.  1909.  VIII. 
23. 

7.  Siebenter  internationaler  Hutarbeiterkongress.  C.  G.  D.  1909.  XIX.  38. 

8.  Internationale  Konferenz  der  Tabakarbeiter.  Tab.   1909.  46. 

9.  Moldenhauer,  Prof.  Dr.  jur — Ergebnisse  des  VI  Internationalen  Kon- 
gresses  fiir  Versicherungswessenschaft  in  Wien.  Z.  Vers.  1909.  IX.  4. 

10.  Internationaler  Steinarbeiterverband,  .Protokoll  iiber  die  Verhand- 
lungen  des  III.  Internationale  Kongresses,  abgehalten  in  Kassel  am 
11.  u.  12.  April  1908.  23  p.  Bern,  Genossenschaft  Unionsdruckerei, 
1909. 

11.  Bureau  der  Internationalen  Vereinigunz  fiir  gesetzlichen  Arbeiter- 
schutz.  Schriften  no.  6.  Verhandlungsbericht  der  fiinften  Generalver- 
samsmlung  des  Konitees,  abgehalten  zu  Luzern  vom  28.— 30.  Septem- 

352 


BIBLIOGRAPHY 

ber  1908  nebst  Jahresberichtcn  dcr  Internationalen  Vereinigung  und 
des   Internationalen  Arbeitsamets.   227  p.  Jena,   Gust.   Fischer,   1909. 

12.  Manes,  Prof.  Dr.  Eindriicke  com  VIII.  internationalen  Arbciterver- 
sicherungskongress  in  Rom.  Z.  Vers.  1909.  IX.  I. 

13.  Eine  Internationale  Konferenz  uber  Arbeitslosigkeit.  S.  P.  1909  XVIII. 
38. 

14.  Zum  XX.  internationalen  Bergarbeiterkongress.  B.  Arb  1909.  XII. 
24-26;— B.  K.  1909.  XIV.  24-26;— Ho.  1909.  XII.  12. 

15.  Der  11.  Internationale  Aerztekongress  fiir  gcwerbliche  Unfalle  in 
Rom.  M.  R.  1909.  XVII.  6;—  Z.  G.  H.  1909.  XVI.  12. 

16.  Internationale  Transportarbeiter  Federation.  ProtokoU  uber  die  Ver- 
handlungen  des  sechsten  internationalen  Transportarbeiter-Kongress 
sowie  der  Konferenzen  der  Eisenbahner  und  Seeleute.  Abgehalten  in 

Wien  vom  24.  bis  29.  Aug.   1908.  Bericht  des  Zentralrates  fiir  1906, 
1907,  1908.  VI.  159  p.  Hamburg,  H.  Jochade,  1909. 

17.  ProtokoU  iiber  den  internationalen  Glasarbeiterkongress  zu  Paris. 
Abgeh.  com  28.  bis  1.  Sept.  19. 

International  Labor  Organizations. 

1.  Internationales  Buchdrucker-Sekretariat  Jahresbericht  1909.    Deutsch 

und  Franzosisch,  Stuttgart,  Selbstverleg. 

2.  Die  internationale  Gewerkschaftsbewegung.  B.  Z.  1909.  XIX.  34,  36. 

3.  Die  internationale  Gewerkschaftsbewegung  im  Jahre  1907.  S.  R.  1909. 
X.  9;  Z.  C.  G.  D.  1909.  IX.  18. 

4.  Der  funfte  internationale  Bericht  iiber  die  Gewerkschaftsbewegung 
1907.  C.  G.  D.  1909.  XIX.  28,  29. 

5.  Die  Gewerkschaftsbewegung  diesseits  und  jenseits  des  Ozeans. 
C.  G.  D.  1909.  XIX.  32;  L.  Z.  1909.  XVII.  27. 

6.  Internationales  Jahrbuch  der  Gewerkschaften.  Gsch.  1909.  XI.  10. 

7.  5.  internationaler  Bericht  iiber  die  Gewerkschaftsbewegung  P.  1909. 
XVIII.  25. 

8.  Internationale  Gewekschaftsbewegung.  A.  D.  G.  Z.  1909.  XIX.  21  ;— 
Eis.  1909.  XVII.  IS;— Sch.  XVII.  \S;—Sch.  1909  XXIII.  25. 

9.  Internationale  Maurerbewegung.  Gr.  1909  XXII.  19. 

1910 
International  Labor  Congresses. 

1.  Internationaler  Sozialistenkongress  zu  Kopenhagen  1910.  (ProtokoU) 
Berlin,  Buchhandlung  Vorwarts. 

2.  21.  Internationaler  Bergarbeiterkongress  in  Briissel  1910.  (Deutsche 
Ausgabe). 

3.  Internationaler  Metallarbeiter  Bund.  Berichte  der  aneschlossenen 
Landesverbande  an  den  VI.  Internationalen  Metallarbeiter-Kongress 
in  Birmingham  1910.  Stuttgart,  Alex.  Schlicke  &  Cie,  1910. 

353 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

4.  Bericht  des  osterreicheischen  Metallarbeiterververbandes  an  den  6. 
Kongress  des  Internationalen  Metallarbeiterverbandes  in  Birmingham 
1910.  Wien.  Selbstverlag  des  Verbandes. 

5.  Internationale  Kongresse  im  Jahre  1909.  R.  A.   1910.  5. 

6.  Internationale  Sozialisten-oder  international  Gewerkschaftskon- 
gresse.  Schm.  Z.  1910.  XXIV.  19,  20. 

7.  Der  9.  internationale  Wohnungskongresse.  S.  P.  1910.  XIX.  36. 

8.  Internationale  Konferenzen  fiir  Sozialversicherung.  A.  N,  M.  I.  1910. 
XXII.  4. 

9.  Fiinfter  Kongress  der  Internationalen  Vereinigung  christlicher  Tex- 
tilarbeiterorganisationen ;  Mailand  1910.  T.  Z.  XII.  14,  15. 

10.  Zum  VIII.  Internationalen  Genossenschaftskongress  in  Hamburg. 
I.  G.  1910.  III.  9,  10. 

11.  Der  VIII.  Internationale  Genossenschaftskongress  im  Spiegel  der 
genossenschaftlichen  Presse.  I.  G.  1910.  III.  11,  12. 

12.  Internationale  Konferenz  fiir  Sozialversicherung.  C.  G.  D.  1910.  XX. 
42;  A.  S.  1910.  XXI.  19,  20  — (Diittmann)  A.  V.  1910.  27. 

13.  Internationaler  Bergarbeiter-Kongress.  B.  Arb.  1910.  XIII.  34,  35. 

14.  6.  Internationaler  Mettallarbeiterkongress,  Birmingham  31.  Oktober 
bis  2.  November  1910.  C.  G.  D.  1910.  XX.  46. 

15.  Der  Weltbund  der  Diamantarbeiter.  (Kongress  com  20. — 24.  Juni 
1910.)  C.  G.  D.  1910.  XX.  30. 

16.  Der  Internationale  Holzarbeiterkongress  in  Kopenhagen.  H.  Z.  1910. 
XVIII.  38. 

17.  Der  VII.  Internationale  Transportarbeiterkongress  in  Kopenhagen. 
Eis.  1910.  XVIII.  25. 

18.  Internationale  Vereinigung  fiir  gesetzlichen  Arbeiterschutz.  Verhand- 
lungsbericht  der  VI.  Generalversammlung,  abgehalten  zu  Lugano  am 
26.-28.  IX.  1910  nebst  Jahresberichten  der  Internationalen  Vereini- 
gung und  des  Internationalen  Arbeitsamtes.  Jena,  Gustav  Fischer, 
1910. 

19.  Protokoll  der  II.  internationalen  Buchbinderkonf erenz  zu  Erfurt.  Ber- 
lin, Selbstverlag,  1910. 

20.  Internationaler  Backerkongress  in  Kopenhagen.  Hamburg,  O.  Alt- 
mann,  1910. 

21.  Internationales  Sekretariat  der  Arbeiter  ofifentlicher  Betriebe.  Proto- 
koll der  zw^eiten  Internationalen  Konferenz  der  Arbeiter  offentlicher 
Betriebe.  Berlin,  Selbstverlag,  1910. 

22.  Hanauer.  J. — Internationaler  Heimarbeitskongress.  C.  G.  D.  1910.  XX. 
40. 

23.  Zum  IX.  Internationalen  Wohnungskongress.  A.  S.  1910.  XXI.  12,  18; 
C.  1910.  XVII.  19. 

24.  Vom  Internationalen  Kongress  in  Kopenhagen,  C.  G.  D.  1910.  XX.  34, 
36. 

25.  Der  Internationale  Sozialistenkongress  und  die  Konsumvereine.  I.  G. 
1910.  III.  10. 

354 


BIBLIOGRAPHY 

26.  Marott,     Emil. — Zum     Internationalcn     sozialistischcn     Kongrcss     in 
Kopenhagen.  S.  M.  1910.  XIV.  16-18. 

27.  Internationale    Gewerkschaftskonfcrenzcn    in    Kopenhagen.    C.    G.    D. 
1910.  XX.  38,  39. 

28.  Die  zweite  Internationale  Konferenz  sozialistischer  Frauen  zu  Kopen- 
hagen. GI.  1910.  XX.  25. 

29.  Internationaler  Kongrcss  zur  Bekampfung  der  Arbeitslosigkeit,  19.-21. 
September  in  Paris  (Sorbonne).  C.  G.  D.  1910.  XX.  41. 

30.  Der  international   Genosscnschaftskongress   in   Hamburg  vom   5.-7. 
September  1910.  S.  K.  V.  X.  38;  K.  R.  VII.  37,  40,  41. 

31.  XI.    Internationaler   Kongress    zur   Bekampfung   der   Gewerbekrank- 
heiten.  A.  S.  1910.  XXI.  21. 

International  Labor  Legislation. 

1.  Francke,  Prof.  Dr.  Ernst. — VI.  Generalversammlung  der  Internation- 
alen  Vereinigung  fiir  gesetzlichen  Arbeiterschutz.  Lugano  25-28  Sep- 
tember 1910.  S.  P.  1910.  XX.  1. 

2.  VI.  Generalversammlung  der  Internationalen  Vereinigung  fiir  gesetz- 
lichen Arbeiterschutz.  Lugano  25.-28.  September  1910.  C.  1910. 
XVn.  22;  C.  G.  D.  1910.  XX.  43;  A.  O.  1911.  XVIII.  476. 

3.  Francke,  Prof.  Dr.  E. — Internationale  Arbeiterschutzvertrage.  S.  B. 
1910.  L  13. 

4.  Zwei  Jahrzehnte  internationaler  Arbeiterschutz.  Ho.  A.  1910.  XI.  41. 

5.  Die  Inkraftsetzung  der  internationalen  Konventionen  betreffend  die 
Verbote  der  industriellen  Nachtarbeit  der  Frauen  und  der  Verwendung 
des  giftigen  Phosphors.  C.  G.  D.  1910.  XX.  34. 

6.  Die  Arbeiterschutzgesetzgebung  des  Auslandes  im  Jahre  1909.  A.  S. 
1910.  XXI.  8. 

7.  Die  auslandische  Arbeitsgesetzgebung  im  Jahre  1909.  L.  A.  1910. 
XVIII.  13. 

8.  Kruger,  G.  Der  Arbeiterinnenschutz  in  der  Gesetzgebung  der  Kultur- 
staaten.  S.  M.  1910.  XIV.  (XVI.)  14. 

9.  Die  Entwicklung  der  Invaliden — und  Altersversorgung  im  Ausland. 
S.  Z.  1910.  XXIV.  2. 

10.  Pieraccini,   Prof.    (Vortrag)    Berufskrankheiten   der   Kcramikcr   und 
die  internationale  Arbeitergesetzgebung.  Am.  1910.  XXXVII.  20. 

11.  Reichesberg,       N. — Arbeiterschutzvertrage.       Handworterbuch       der 
Schweizerischen  Volkswirtschaft,  1910.  3. 

International  Labor  Organisations. 

1.  Die  Arbeitersekretariate  im  Deutschen  Reich  in  Jahre  1909.  (Statistik) 
C.  G.  D.  1910.  XX.  31. 

2.  Ein  internationaler  Verband  der  Seeschiffahrtsuntcrnchmer.  S.  K. 
1910.  April. 

3.  Die  Entwicklung  des  Internationalen  Genossenschaftsbundes  seit  dem 

Kongress  in  Budapest  1904.  J.  B.  D. 

355 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

4.  Die  Revision  der  statutcn  des  Intcrnationalen  Genossenschaftsbundes. 
K.  R.  1910.  12. 

5.  Internationaler  Heimarbeiterschutz.  H.  A.  1910.  X.  11. 

6.  Die  internationale  Gewerkschafts  bewegung  in  Jahre  1908.  D.  B.  K. 
Z.  1910.  XVI.  26. 

7.  Legien,  Carl. — Die  Gewerkschaftliche  Internationale.  S.  M.  XIV. 
(XVI.)  1910.  7. 

8.  Internationale  Transportarbeiter.  Bericht  des  generalrates  der  Inter- 
nationalen  Federation  fiir  1908  und  1909.  Berichte  der  Organisationen. 
Berichte  der  Hafeninspektion.  Bericht  iiber  die  Lohn — und  Arbeits- 
verhaltnisse  der  Chauffeurs,  Deutsche  Ausgebe,   Berlin,  H.  Jochade. 

9.  Die  Revision  der  Statuten  des  I.  G.  B.    I.  G.  1910.  III.  4,  5,  6. 

10.  Cornelissen  C. — Ueber  dem  internationale  Syndikalismus.  A.  S.  S. 
1910.  Jan. 

11.  Huggler,  August. — Internationalitat  der  Gewerkschaften  in  der 
Schweiz.  K.  1910.  8. 

12.  Der  Stand  der  intcrnationalen  Topferbewegung.  To.   1910.  XIX.  21. 

13.  Die  christlichen  Textilarbeiterorganisationen  unserer  intcrnationalen 
Vereinigung.  T.  Z.  1910.  XII.  13. 

14.  Internationales  Buchdruckersekretariat  (Secretariat  International  To- 
pographique) .  Jahresbericht  1909.  Stuttgart.  Schwabische  Tagwacht, 
1910. 

15.  Internationaler  Wettbewerb  um  Unfallverhiitungseinrichtungen.  S.  T. 
1910.  IX.  11. 

16.  Oesterreichisches  Komitee  fiir  internationale  Sozialversicherung.  S. 
R.  1910.  XI.  4. 

1911. 

1.  Miiller,  Dr.  Hans. — Die  Entwicklung  der  Grosseinkaufsgenossenschaf- 
ten  im  Jahre  1910.  K.  R.  1911.  VIII.  17. 

2.  Internationale  Preisausschreiben  fiir  Schutzvorrichtungen  und 
Systeme  zur  Verhiitung  von  Unglucksfallen  bei  der  Arbeit  auf  der 
Intcrnationalen  Weltausstcllung  in  Turin.  S.  T.  1911.  X.  4. 

3.  Braun,  Adolf. — Internationale  Gewcrksgenossenschaften.  K.  IV.  3. 

4.  Die   internationale   Grosscinkaufsgesellschaft.   I.   G.    1911.   IV.  2. 

5.  Was  lehrt  uns  die  Entwicklung  der  intcrnationalen  Genossenschafts- 
bewegung?    I.  G.  1911.  IV.  4,  5,  6. 

6.  Internationale  Konsumvercinsstatistik  pro  1909.  I.  G.  1911.  IV.  2. 

7.  Die  Internationale  Hygieneausstellung  und  die  Gewerkschaften.  D. 
B.  K.  Z.  1911.  XVII.  7,  8. 

8.  Andor,  A. — Die  Reziprozitat  auf  dem  Gebiete  der  Arbciterversicherung 
zwischen  Ungar  und  Oesterreich.  V.  M.  U.  1911.  1. 

9.  Die  Arbeitersekretariate  im  Deutschen  Reich  im  Jahre  1910.  Gew.  1911. 
XV.  27. 

International  Labor  Congresses. 

1.  Internationaler  Kongress  fiir  Wohnungshygiene.   S.  P.   1911.  XXI.  3. 

2.  Die  2.  Internationale  Konferenz  fiir  Sozialversicherung,  Dresden,  15.- 

356 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

16.  September  1911.  S.  P.  1911.  XX.  52;  M.  R.  1911.  XIX.  20,  21;  A.  S. 
1911.  XXII.  19. 

3.  Die  7.  internationale  Gewerkschaftskonfcrenz.  S.  P.  1911.  XX.  48. 

4.  Der  22>.  Internationale  Bergarbeiterkongress,  London,  24.-28.  Juli  1911. 
S.  P.  1911.  XX.  45. 

5.  Internationaler  Glasarbeiterkongress.   C.   G.   D.    1911.   XXI.  41. 

6.  Verhandlung  der  Budapcster  Konferenz  bctreffs  Organisation  des 
Arbeitsmarktes  7.  und  8.  X.  1910.  Leipzig,  A.  Dcichcrt,  19U. 

7.  Centralrat  der  internationalen  Transportarbeiter — Federation.  Proto- 
koU  des  7.  Internationalen  Transportarbciterkongresses  und  der  Kon- 
ferenzen  der  Hafenarbciter  und  Seeleute  in  Kopenhagen  vom  23.-27. 
August  1910.  Berlin,  H.  Jochade,  1911. 

8.  Internationaler  Holzarbeiterverband.  Protokoll  des  5.  Internationalen 
Holzarbeiterkongresses  in  Kopenhagen  1910.  Berlin,  Sclbstvcrlag, 
1911. 

9.  Internationaler  Verband  der  Lithographen  und  Steindrucker.  VII. 
Internationaler  Kongress  in  Amsterdam  1910.  Berlin,  O.  Lillier, 
1911. 

10.  Internationaler  Verband  der  Schuhmacher.  Bericht  des  Internation- 
alen Sekretariats  und  der  Landesorganisationen  an  den  IV.  Inter- 
nationalen Kongress  und  Protokoll  des  IV.  Internationalen  Kon- 
gresses  zu  Kopenhagen  1910.     Niirnberg,  J.  Simon,  1911. 

11.  II.  Internationale  Friseurgehilfenkonferenz.  Protokoll  der  Vcrhand- 
lungen  am.  22,  23,  und  24.  August  1911  in  Ziirich.  Berlin,  Selbstver- 
lag,  1911. 

12.  Nachklange  zum  Internationalen  Genossenschafts-Kongress  in  Ham- 
burg. I.  G.  1911.  IV.  1. 

13.  Protokolle  des  8.  Internationalen  Textilearbeiterkongresses  zu  Amster- 
dam 1911.  Berlin,  Vorstand  des  deutschen  Verbandes,  1911. 

International  Labor  Legislation. 

1.  Die  internationale  Arbeiterschutzgesetzgebung  fiir  Transportarbeiter. 
Cr.  1911.  XV.  2. 

2.  Internationales  Arbeitsamt.  Erster  vergleichendcr  Bericht  uber  die 
zur  Durchfiihrung  der  Arbeiterschutzgesetze  getroflfenen  Massnehmen. 
Die  Gewerbeaufsicht  in  Europa.  Jena,  Gustav  Fischer,  1911. 

3.  Teleky,  Dr.  L. — II.  Internationaler  Kongress  fiir  Berufskrankheiten, 
Briissel,  10.-14.  September  1910.  (Separatabdruck  aus  der  osterreich- 
ischen  Vierteljahresschrift  fiir  Gesundheitspflege)  Wien,  Moritz  Pcr- 
les,  1911. 

4.  Srbik,  Fritz  V. — Die  wichtigsten  europaischen  Auswanderungsgesetze 
mit  Bcriickeichtigung  der  beiden  osterreichischcn  Entwiirfe.  Wien. 
Staatsdruckerei,  1911. 

5.  Internationaler  Arbciterschutz.  H.  G.  Z.  1911.  XV,  G.  R.  1912. 
IV.  3. 

357 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

International  Labor  Organisations. 

1.  Genaralkommission  der  Gewerkschaften  Deutschlands.  Achter  Inter- 
nationaler  Bericht  iiber  die  Gewerkschaftsbewegung  1910.  Berlin, 
Selbstverlag,  1911. 

2.  Der  7.  Internationale  Bericht  iiber  die  Gewerkschaftsbewegung  vom 
Jahre  1909.  Tex.  1911.  XXIII.  47,  49;  C.  G.  D.  1911.  XXI.  31,  32; 
Gew.  1911.  XV.  27. 

3.  Leipart. — Die  internationale  Union  der  Holzarbciter.  B.  Intl.  1911.  45. 

4.  Von  der  Internationalen  Vereinigung  der  Textilarbeter.  A.  G.  1911.  12. 

5.  Der  achte  internationale  Bericht  iiber  die  gewerkschaftsbewegung  im 
Jahre  1910.  1911.  XXII.  3,  4,  6.  C.  G.  D. 

1912. 

International  Labor  Congresses. 

1.  Internationaler  Kongress  fiir  Hygiene  und  Demographic,  Washington 
23.-30.  September  1912.  M.  R.  1912.  XX.  23. 

2.  III.  Internationaler  medizinischer  Unfallkongress  in  Diisseldorf.  M. 
R.  1912.  XX.  17,  18. 

3.  XXIII.  internationaler  Bergarbeiterkongress.  B.  Arb.  1912.  XV.  29-32 ; 
C  G.  D.  1912.  XXII.  31. 

4.  Der  VI.  internationale  Buchdruckerkongress  vom  12.-15.  August  1912 
in  Stuttgart.  C.  G.  D.  1912.  XXII.  35. 

5.  Der  VI.  internationale  Kongress  christlicher  Textilarbeiterorganisa- 
tionen.  T.  Z.  1912.  XIV.  32,  33. 

6.  Internationaler  Kongress  der  Krankenpflegerinnen.  M.  R.  1912.  XX. 
21;  Fr,  1912.  XVIII. 

7.  Internationales  Kiirschner-Sekretariat.  Protokoll  der  Verhandlungen 
der  V.  Internationalen  Kiirschner-Konferenz ;  abgehalten  in  Wien 
am  30.-31.  Juli  und  1.  August  1912.  Berlin,  A.  Regge,  1912. 

8.  Zimmerman,  W. — Die  Internationale  Konferenz  iiber  die  Arbeitszeit 
in  industrien  mit  ununterbrochenem  Betriebe  S.  P.  1912.  XXI.  38. 

9.  Der  I.  Internatonale  Technische  Kongress  fiir  Unfallverhutung  und 
industrielle  Hygiene  in  Mailand  27.-31.  Mai.  1912.  Z.  G.  H.  1912.  XIX. 
8-10. 

10.  Zimmerman,  W. — Die  VII.  Delegiertversammlung  der  Internationalen 
Vereinigung  fiir  gesetzlichen  Arbeiterschutz  in  Ziirich.  S.  P.  1912. 
XXI.  51. 

11.  Internationale  Vereinigung  fiir  gesetzlichen  Arbeiterschutz.  Z.  C.  G. 
D.  1912.  XII.  20;  W.  A.  Z.  1912.  XIV.  40. 

12.  Freund,  R.— Internationale  Soziale  Woch.  S.  P.  1912.  XXI.  45. 

13.  Die  soziale  Woche  in  Ziirich  2.-12.  September  1912.  A.  S.  1912.  XXIII. 
20;  Sch.  1912.  XXVI.  38,  39. 

14.  II.  Internationaler  Heimarbeiterkongress,  Ziirich  8.   September  1912. 

M.  R.  1912.  XX.  20. 


BIBLIOGRAPHY 

International  Labor  Legislation. 

1.  Jastrow,  J. — ArbeiterschiUz  (Tcxtbiichcr  zu  Studicn  iiber  Wirtschaft 
und  Staat)   Berlin,  G.  Reimcr,  1912. 

2.  Die  Schutzgesetzgebung  fiir  Frauenarbeit  in  den  verschiedenen  Land- 
em  (La  legislation  du  travail  dcs  femmes  dans  Ics  diffcrcnts  pays). 
La  Hague  Correspondence  internationale,  1912. 

3.  Deutschland  und  der  internationale  Arbciterschutz.  Sch.  1912.  XXVL 
14. 

4.  Internationler  Arbciterschutz.  H  .G.  Z.  1911.  XV;  G.  R.  1912.  IV.  3. 

5.  Vom  internationlen  Arbciterschutz.  Z.  C.  G.  D.  1912.  XIL  14;  W.  A. 
Z.  1912.  XIV.  27;  Tex.  1912.  XXIV.  49. 

6.  Der  gesetzliche  Arbciterschutz  auf  der  VII.  Delegicrtenversammlung 
der  internationalen  Vereinigung  in  Zijrich.  K.  Bl.  1912.  XVI.  39. 

International  Labor  Organizations. 

1.  Generalkommission  der  Gewerkschaftcn  iiber  die  Gewerkschafts- 
bewegung  1911.  Berlin,  Selbstverlag,  1912. 

2.  Internationales  Jahrbuch  fiir  Politik  und  Arbcitcrbcwegung.  Jahrgang 
1912.  Berlin,  Vorvvarts,  1912. 

3.  Die  Gewerkschaftsinternationale  1910.  S.  P.  1912.  XXI.  21,  32. 

4.  Die  Starke  und  Leistungsfahigkeit  der  internationalen  Gewerkschaftcn 
Oesterreichs  im  Jahre  1911.  Gsch.  1912.  XIV.  1. 

5.  Jochade,  H. — Die  internationale  Transport — arbeiter — Foderation, 
Berlin,  Selbstverlag,  1912. 

1913. 

1.  Die  internationale  Entwicklung  der  Arbeiterversicherung.  P.  1913. 
XXII.  2-5. 

2.  Das  Abkommen  zwischen  Deutschland  und  Italien  iiber  Arbeiterver- 
sicherung. S.  P.  1912-1913.  XXII.  27. 

3.  Das  Weltparlament.  Der  IX.  internationale  Genossenschaftskongress 
in  Glasgow  im  August  1913.  I.  G.  1913.  VI.  8. 

4.  Moldenhauer,  P. — Internationale  Fortschritte  der  Sozialversicherung, 
Hannover,  Helwing,  1913. 

International  Labor  Congresses. 

1.  Die  zweite  internationale  Arbeiterschutzkonferenz  in  Bern  vom  15. 
bis  23.  September  1913.  Frk.  z.  1913.     VIII.  275.  Erstes  Morgenblatt. 

2.  Eine  internationale  Arbeiterschutzkonferenz.  Gsch.  1913.  XV.  9. 

3.  Eine  neue  internationale  Arbeiterschutzkonferenz.  C.  G.  D.  1913. 
XXIIL  8. 

4.  Der  VIII.  internationale  Hutarbeiterkongress  in  Mailand  15.-19.  Sep- 
tember 1912.  C.  G.  D.  1913.  XXIIL  2. 

5.  III.  Internationale  Konfcrenz  der  Sattler  und  Portefeuiller.  C.  G. 
D.  1913.  XXIIL  22. 

359 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

6.  Die  zweite  Internationale  Arbeiterschutzkonferenz  der  Industries- 
taaten  Europas.  S.  P.  1912/1913.  XXII.  52.  1913/1914.  XXIII.  1;  Z. 
G.  H.  1913.  XX.  17,  18;  C.  G.  D.  1913.  XXII.  41;  A.  S.  1913.  XX.  20 

7.  Die  Internationale  Berner  Konferenz  iiber  den  Jugendlichenschutz 
und  die  osterreichischen  Industriellen.  S.  P.  1913/1914.  XXIII.  3. 

8.  Die  Rolle  Oesterreichs  auf  der  internationalcn  Arbeiterschutzkon- 
ferenz in  Bern.  O.e.M.  1913.  XXIII.  41. 

9.  III.  Internationaler  Kongress  fiir  Gewerbekrankheiten  im  September 
1913  in  Wien.  A.  S.  1913.  XXIV.  14,  Z.  G.  H.  1913.  XX.  13-14. 

10.  Bayer. — Zum  II.  Internationalen  Kongresse  fiir  Rettungswesen  und 
Unfallverhiitung  in  Wien.  Z.  G.  H.  1913.  XX.  21-22. 

11.  II.  Internationler  Kongress  fiir  Rettungswesen  und  Unfallverhutung 
in  Wien,  9.  bis  13.  September  1913.  Z.  G.  H.  1913.  XX.  15-18;  O.e.M. 
1913.  XXIII.  39. 

12.  Bureau  der  Internationalen  Vereinigung  fiir  gesetzlichen  Arbeiter- 
scutz.  Schriften.  M.  8.  Verhandlungsbericht  der  siebenten  General- 
versammlung  des  Komitees,  abgehalten  zu  Ziirich  vom  10.-12.  Sep- 
tember 1912,  ncbst  Jahresberichten  der  Internationalen  Vereinigung 
und  des  Internationalen  Arbeitsamtes  und  dem  Berichte  der  Spezial- 
kommission  iiber  Arbeitszeit  in  ununterbrochenen  Betrieben.  Jena, 
G.  Fischer,  1913. 

13.  Der  X.  Internationale  Wohnungskongress.  S.  P.  1913/1914.  XXIII. 
3;  M.  R.  V.  K.  1913.  IX.  9. 

14.  Erste  Generalversammlung  der  Internationalen  Vereinigung  zur  Be- 
kampfung  der  Arbeitslosigkeit  vom  5.-9.  September  1913  in  Gen.  S. 
P.  1912/1913.  XXII.  51. 

15.  Bloch,  W. — Der  Internationale  Jugendschutzkongress  in  Briissel  23.-26. 
Juli  1913;  C.  1913.  XX.  22;  S.  P.  1912/1913.  XXII.  49. 

16.  Lederer,  M. — Zum  internationalen  Jugendf iirsorgekongress  in  Briissel ; 
Z.  K.  J.  1913.  V.  7-9. 

17.  VIII.  Internationale  Konferenz  der  Vertreter  der  Gewerkschaftlichen 
Landeszentralen  und  Konferenz  der  internationalen  Berufssekretare 
am  16,  17.  und  18.  September  1913  in  Ziirich.  G.  R.  S.  1913.  V.  9.  Ku. 
1913.  XXVIII.  29;  C.  G.  D.  1913.  XXIII.  40. 

18.  Die  Kommisslonssitzungen  der  Internationalen  Vereinigung  fiir  gesetz- 
lichen Arbeiterschutz   in   Basel,    (Kinderarbeit  und  Bleifrage  In  der 

.    keramischen  Industrie.)  S.  P.  1912/1913.  XXII.  51. 

19.  XXIV.  internationaler  Bergarbeiterkongress.  B.  Arb.  1913.  XVL 
31-33. 

20.  Kummer,  F. — Zum  internationalen  Metallarbciterkongress  vom  6. 
August  und  folgende  Tage  in  Berlin.  Ku.  1913.  XXVIII.  22,  25. 

21.  VII.  Internationaler  Metallarbelterkongress.  C.  G.  D.  1913.  XXIII. 
34;  O.e.M.  1913,  XXIII.  29-31,  33. 

22.  Internationaler  Kongress  der  Diamantarbelter.  C.  G.  D.  1913.  XXIII. 
47. 

360 


BIBLIOGRAPHY 

23.  Ein  internationaler  Steinarbeiterkongress.  C.  G.  D.  1913.  XXIII.  46, 
Sten.  1913.  VII.  4. 

24.  Internationaler  Holzarbeiterkongrcss  in  Wien  1914  (4  sprachig).  B. 
Intl.  1913.  September-Oktober. 

25.  Internationale  Konfcrenz  dcr  Buchbindcrvcrbandc.  C.  G.  D.  1913. 
XXIII.  32. 

26.  III.  Internationale  Konfcrenz  der  Zimmercr  am  15.  und  16.  Dczcmbcr 
1913  zu  Hamburg.  Z.  1913.  XXV.  52. 

27.  Der  IX.  internationale  Baumwollkongress  in  Scheveningen.  Tex.  1913. 
XXV.  28. 

28.  VI.    Internationale    Schnciderkonferenz.    C.    G.    D.    1913.    XXIII.   Z2. 

29.  VIII.  Internationaler  Transportarbeiterkongress,  abgehalten  zu 
London  am  26.  August  1913  und  den  folgenden  Tagen.  Cr.  1913.  XVII. 
36,  37;  G.  R.  S.  1913.  V.  9;  C.  G.  D.  1913.  XXIII.  40. 

30.  Zur  III.  internationalen  Konfcrenz  der  Arbeitcr  offentlicher  Betriebe 
in  Ziirich  vom  23.  bis  25.  September  1913.  Gew.  1913.  XVII.  ZZ,  40,  41. 

31.  Protokolle  der  internationalen  Konfcrenz  fiir  Arbeiterschutz.  Bern 
15.-25.  September  1913.  Bern,  Stampfli,  1913. 

32.  Internationales  Sekretariat  der  Arbeitcr  offentlicher  Betriebe.  Proto- 
koU  der  III.  Internationalen  Konfcrenz  der  Arbeitcr  offentlicher 
Betriebe;  abgehalten  vom  23.  bis  25.  September  1913  in  Ziirich.  Berlin, 
Selbstverlag,    1913. 

33.  Protokoll  iibcr  die  Verhandlungen  dcs  IV.  Steinarbeitcrkongresses 
abgehalten  am  12.  und  13.  Oktober  1913  in  Briissel.  Ziirich,  Genosscn- 
schaftsdruckerei,   1913. 

34.  Hopf,  F.  E. — Bericht  iiber  den  III.  Internationalen  Kongress  fiir 
Wohnungshygiene  in  Dresden  vom  2.-7.  Oktober  1911.  Dresden, 
Buchdruckerei  der  Dr.  Giintz'schen  Stiftung,   1913. 

35.  Internationaler  Metallarbeiterbund.  Berichte  der  angeschlossencn 
Landesverbande  an  den  VII.  internationalen  Mctallarbciterkongress 
in  Berlin  1913.  Stuttgart,  A.  Schlicke,  1913. 

36.  III.  internationale  Konfcrenz  der  Sattler,  Taschner,  Riemer  und 
ortfeuillcr,  abgehalten  in  Wien  9.  und  10.  Mai  1913.  Berlin,  Joh,  Sassen- 
bach,  1913. 

Z7.  Internationales  Buchbindcrsekretariat.  Protokoll  der  III.  internation- 
alen Konfcrenz  von  Vertrctern  der  Buchbindcrvcrbandc,  abgehalten 
in  Briissel  23.-26.  Juni  1913.  (4  sprachig)  Berlin,  Selbstverlag,  1913. 

38.  Schuler,  H. — Internationale  Konfcrenz  fiir  Arbeiterschutz  1913. 
Ziirich,  Berichthaus,   1913. 

39.  Sekretariat  des  Internationalen  Metallarbeiterfundes.  Der  VII.  inter- 
nationale Metallarbeiterkongress  am  6.  und  7.  August  1913  im  gewerk- 
schaftshaus  in  Berlin.     Offizielcr  Bericht.    (Deutsch,  franzosisch,  und 

englisch)    Stuttgart,  Schlicke,   1913. 

40.  Internationales  Buchdrucker-Sckrctariat  in  Stuttgart ;  Protokoll  des 
VI.  internationalen  Buchdruckcr-Kongrcsscs  in  Stuttgart  12.-15,  Aug- 
ust 1912,  Stuttgart,  Selbstverlag,  1913. 

361 


THE  INTERNATIONAL  PROTECTION   OF   LABOR 

Iiiternalional  Labor  Legislation. 

1.  Rcichcsberg,  N. — Dcr  intcrnationale  Arbeitcrschutz  in  den  letzten  12 
Jahren.  Bern,  M.  Drcchsel,  1913. 

2.  Internationaler  Arbeitcrschutz.  G.  1913.  XIV.  16. 

3.  Bauer,    St. — Fortgang    und    Tragweite    der    intcrnationalen    Arbeiter- 

schutzvertrage.  A.   S.  G.   1913.   III.   1-2. 

4.  Schaeffer,  A. — Die  Stickereiindustrie  und  internationaler  Arbeitcr- 
schutz. S.  B.  H.  I.  1913.  XX.  9. 

5.  Der  intcrnationale  Arbeitcrschutz  in  den  letzten  12  Jahren.  Am.  1913. 
XL.  37. 

6.  Die  Arbeiterschutzgesetzgebung  des  curopaischen  Auslandes  im  Jahre 

1912.  A.  S.  1913.  XXIV.  1913. 

International  Labor  Organizations. 

1.  Internationale  Tansportarbeitcr-Foderation :  Die  sozial-okonomischen 
rechtlichen  und  organisatorischen  Verhaltnisse  sowie  Streiks  und 
Lohnbewegungen  dcr  Eisenbahner  Strassenbahner,  Seeleute,  Hafen— 
und  Transportarbeiter  etc.  aller  Lander  wahrnd  1908  und  1909. 
Bericht  iiber  die  Hafen-Inspektion  in  verschiedenen  Landern.  Bericht 
iiber  die  Lohn-und  Arbeitsverhahnisse  der  Chauffeure.  Berlin,  H. 
Jochade. 

2.  Der  neunte  intcrnationale  Bericht  iiber  die  Gewerkschaftsbewegung 
vom  Jkhre  1911.  C.  G.  D.  1912.  XXIII.  9-11. 

3.  Die  intcrnationale  Gewerkschaftsbewegung  im  Jahre  1911.  Gsch.  1913, 
XV.  4. 

4.  Brod,  J. — Eine  internationale  Slatistik  der  Betriebsunfalle.  A.  S.  1913. 
XXIV.  7. 

5.  Die  Gewerkschaftsbewegung  in  Deutschland  und  Oesterreich,  die 
Arbeitersozialpolitik  und  die  Kampfe  zwischen  Unternehmern  und 
Arbeitern  im  Jahre  1912.  (Separatabdruck  aus  Band  36,  Heft  2.  1913 
des  Archivs  fiir  Sozialwissenschaft  und  Sozialpolitik).  Tiibingen,  J. 
C.  B.  Mohr,  1913. 

6.  Laderer,  E. — Jahrbuch  der  sozialen  Bewegung  in  Deutschland  und 
Oesterreich  1912.  VIII.  +227.  Tiibingen,  J.  C.  B.  Mohr,  1913. 

7.  Internationales  aus  der  Gewerkschaftsbewegung.  S.  P.  1913/1914. 
XXIII.  5,  6. 

8.  Die  intcrnationalen  Beziehung  der  deutschen  Arbeitgeber-,  Angestell- 
ten-  und  Arbeiterverbande.  R.  A.  1913.  XI.  12. 

9.  Heyde,  L.— Die  Berufsvereine  des  Auslandes.  S.  P.  1913/1914.  XXIII. 
13. 

10.  Die   Internationale  Union   der   Holzarbeiter  im   Jahre   1913.   B.    Intl. 

1913.  Dezember. 

11.  Internationaler  Metallarbeiter-Bund.  Bericht  des  Sekretars  an  den 
VII.  intcrnationalen  Metallarbeiterkongress  zu  Berlin  (3  sprachig).  24 
p.  Stuttgart,  A.  Schlicke,  1913. 

362 


BIBLIOGRAPHY 

12.  Statut  dcr  Intcrnationalcn  Buchbindcrfodcration  iind  dcs  Intcmation- 
alen  Buchbindersekretariats  nebst  Gegcnseitigkcitsvcrtrag=Statuts  dc 
la  Federation  Internationale  des  Relieurs  et  du  Secretariat  Interna- 
tional des  Relieurs  avec  Contrat  de  Reciprocitc — Rules  of  the  Inter- 
national Bookbinders'    Union   and   of    the   International  Bookbinders' 

Secretariat  with  Reciprocal  Agreement.  Berlin,  Selbstvcrlag,   1913. 

13.  Internationale  Transportarbciter-P'oderation.  Bcrichte  der  Organisa- 
tionen  iibcr  die  sozial-okonomischen,  rechtlichcn  und  organisatorischcn 
Verhaltnisse  der  Eisenbahncr,  Strassenbahncr,  Scclcute,  Hafcn-  und 
Transportarbeiter  etc.  aller  Lander  wahrcnd  1910,  1911  und  1912.  Ber- 
lin, H.  Jochade,  1913. 

14.  Bericht  des  Zentralrats  der  Intcrnationalcn  Transportarbeiter-Fodera- 
tion  an  den  Intcrnationalcn  Kongrcss,  abgchalten  vom  26.  bis  3G 
August  1913  in  London.  Berlin,  H.  Jochade,  1913. 

15.  Generalkommission  der  Gewerkschaften  Deutschlands.  X.  Intcrnation- 
aler  Bericht  iiber  die  Gewerkschaftsbewegung,  1912.  Berlin,  Selbstvcr- 
lag, 1913. 

1914. 

International  Labor  Congresses. 

1.  Biitow. — 43.  Versammlung  des  Intcrnationalcn  Verbandcs  der  Dampf- 
kessel-Ucberwachungsvercine  in  Moskau  1913.  S.  T.  1914.  XIII.  8. 

2.  Internationaler  Textilarbeiter-Kongress  in  Blackpool  (England)  vom 
8.  bis  13.  Juni  1914;  T.  B.  1914.  XIII.  26;  Tex.  W.  1914.  XV.  25,  26. 

3.  Unser  Kongrcss  in  Wien.  (Internationale  Holzarbeiter-Union).  Lj 
Intl.  (4  sprachig)  1914.  XI.  2-6. 

4.  III.  Internationale  Konferenz  der  Zimmerer.  Zo.  1914.  X.  1,  2. 

5.  Verhandlungen  des  III.  intcrnationalcn  medizinischen  Unfallkon- 
gresses  zu  Diisseldorf  1912.  Diisseldorf,  Schwann. 

6.  Internationaler  genossenschaftsbund.  Protokoll  dcr  Verhandlungen 
des  IX.  Kongresses  des  F.  G.  B.  Glasgow,  25-28,  August  1913,  London, 
Selbstvcrlag,  1914. 

International  Labor  Legislation. 

1.  Bauer,  St. — Fortgang  und  Tragweite  der  intcrnationalcn  Arbeiter- 
schutzvertrage.  A.  S.  G.  1914.  III. 

2.  Francke,  E. — Die  internationalen  Arbeiterschutzvertrage.  S.  P.  1914. 
XXIII.  37. 

3.  Stojentin,  V. — Zur  Frage  dcr  intcrnationalcn  Vcreinbarungen  fiir 
gesetzlichen  Arheitcrschutz.  A.  G.  1914.  10. 

4.  Die  Arbeitsgesetzgebung  des  Auslands  im  Tahrc  1913.  A.  S.  1914. 
XXV.  9. 

5.  Internationale  Vercinigung  fiir  gesetzlichen  Arbeiterschutz.  2  Denk- 
schriften  zur  Vorbercitung  dcr  II.  internationalen  Arbciterschutzkon- 
ferenz  von  Bern  1913.  Jena,  Fscher,  1914. 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

International  Labor  Organizations. 

1.  Legien,   C. — Die  gewerkschaftllche  Internationale   1910  bis   1913.     S. 
M.  1914.  XX.  I.  Band.  1.  Heft. 

2.  Die  internationale  Gewerkschaftsbewegung  im  Jahre  1912.  Gsch.  1914. 
XVI.  12-14. 

3.  Braun,  A. — Die  internationalen  Beziehungen  der  gewerkschaften.  N. 
Z.  1914.  XXXIII.  1.  3.  4. 

4.  Internationaler  Bericht  iiber  die  Gewerkschaftsbewegung  vom  Jahre 
1912.  C.  G.  D.  1914.  XXIV.  16-18. 

5.  III.  Bericht  uber  die  internationale  Organisation  der  Fabrikarbeiter. 
P.  1914.  XXIII.  3,  5,  6. 

6.  Heiss,  CI.— Die  Berufsvereine  des  Auslandes.    V.  Bl.  1914.  XIII.  1-4. 

7.  Berichte  der  angeschlossen  Verbande  an  den  Internationalen  Kon- 
gress  der  Holzarbeiter.  (viersprachig).  B.  Intl.  1914.  XL  7,  9. 

8.  Die  Internationale  Union  der  Holzarbeiter  im  Jahre  1913.  (vier- 
sprachig) B.  Intl.  1914.  XL  10. 

9.  Oesterreichisches  Komitee  fiir  internationale  Sozialversicherung.  Ver- 
offentlichungen  aus  Aniass  der  fiir  September  1914  in  Paris  anber- 
aumten  internationalen  Sozialversicherungskonferenz.  Referate  von 
Schmitt,  Kaan,  Eldersch,  Kienboch,  Kogler,  Widholz,  Schnitzler, 
Blaschke,  Oe.  Zop.  V.  1914.  V.  1-2. 

1915. 

International  Labor  Legislation. 

1.  Kampffmeyer,  P. — Internationale  Vercinbaningen  und  Arbeiterklasse. 
S.  M.  1915.  XXI.  12. 

2.  Arbeiterschutzgesetzgebung  des  Auslandes  im  Jahre  1914.  A.  S.  1915. 
XXVI.  7. 

International  Labor  Organisations. 

1.  Braun,  A. — Internationale  Verbindung  der  Gewerkschaften,  A.  S.  S. 
1915.  XXXIX.  3. 

2.  Kampffmeyer,  P. — Die  internationalen  Verbindungen  der  Gewerk- 
schaften. S.  M.  1915.  XXI.  iii.     Oktober-Dezember. 

3.  Winnig,  A. — Der  Krieg  und  die  gewerkschaftliche  Internationale.  S. 
M.  1915.  XXL  1. 

4.  Die  europaischen  Gewerkschaften  wahrend  der  Kriegzeit.  Gr.  1915. 
XXVIII.  11. 

5.  Die  Starke  und  Leistungsfahigkeit  der  internationalen  Gewerkschaften 
Oesterreichs  im  Jahre  1914.  Gsch.  1915.  XVII.  28. 

6.  Die  Metallarbeiter  der  Vereinigten  Staaten  und  der  Internationale 
Metallarbeiter-Bund  (Dreisprachig).    I.  M.  R.  1915.  X.  10. 

7.  Reid,  W.  H. — Aus  der  Geschichte  der  "International  Union  of  Timber- 
workers"  in  America.  (4  sprachig)  B.  Intl.  1915.  XII.  4. 

PUBLICATIONS  IN  FRENCH. 

1.  Boilley. — Legislation  internationale  du  travail. 

2.  Malon. — Precis  de  socialisme.  p.  242  et  suiv. 

364 


BIBLIOGRAPHY 

3.  Gauwes. — Traite  d'Economic  politique,  t.  III. 

4.  Traite  de  Legislation  industrielle,  p.   172  et  suiv.  544  et  suiv.   (Paul 
Pic). 

5.  Bulletin  de  I'ofiTice  international!  du  travail. 

6.  Bulletin  trimestriel  de  I'association  Internationale  pour  la  lutte  centre 
le  chomage. 

7.  Bulletin  des  Assurances  Sociales. 

8.  Bulletin  de  la  commission  internationale  permanente  pour  I'etude  des 
maladies  professionclles. 

9.  Crick,  D. — La  legislation  internationale  du  travail.     Revue  de  Droit 
international,  annee  1905.  p.  432  et  543. 

10.  Armand-Hahn,  J.  P. — Annales  des  sciences  politiques.  Vol.  XX.  p. 
156. 

11.  Brants. —  (V.) — Legislation  du  travail  comparee  et  internationale, 
1903. 

12.  Masse,  Daniel. — Legislation  du  travail  et  lois  ouvrieres. 

13.  Richard,  Albert. — L'Association   internationale   des   travailleurs. 

14.  Cheysson,  F. — La  reglemcntation  internationale  du  travail. 
L'internationalisme  dans  la  question  sociale,  Reforme  socialc.  No.  98- 
99,  16  janv.  et  1  fevrier  1890. 

15.  Curti,  Th.  (depute). — Un  office  international  pour  la  protection  du 
travail.  Revue  politique  et  parlcment.  mai.  1896. 

16.  Dekurtins,  Dr. — Memoire  sur  la  question  de  la  protection  ouvriere, 
Berne  1889. 

La  legislation  internationale  des  travailleurs,   1891. 

17.  Numa  Droz. — La  legislation  internationale  du  travail,  Revue  Suisse, 
fevrier  1889. 

18.  Jacquemins,  Rolin. — Article  de  la  Revue  de  droit  international ,  1890, 
t.  XXIL  p.  21  et  suiv. 

19.  Leroy-Beaulieu,  Paul. — La  conference  internationale  de  Berne.  Econ- 
omist e  francais,  4  mai  1889. 

20.  Journal,  Le  Temps. — Numeros  des  2,  8,  11  fevrier,  14,  20  mars,  1  avril 
1890. 

21.  Mahaim. — La  question  de  la  protection  internationale  des  travailleurs, 
Revue  d'Economie  polit.  1888. 

22.  Politis,  Dr.  E.  Nicholas. — La  Conference  de  Berlin,  Revue  inter- 
nationale de  sociologie,  juil. — aout  1894. 

23.  Rescrits  de  Guillaume  II. — Revue  de  Droit  international,  1890  tome  1. 
— Revue  des  Dcnx-Mondes,  1  Mars  \^9Q.— Revue  socialiste,  1890. 
tome  I. 

24.  Lohmann| — Legislation  industrielle  des  Etats  du  continent  europeen. 

25.  Serwy. — Le  mouvcmcnt  ouvrier  socialiste  international,  /'  Avcnr 
social,  fevrier  1902. 

26.  Jamais  Emile.^Article  de  la  Revue  blcuc,  15  Mars  1890. 

27.  Reforme  Sociale. — Numeros  de  janv.  a  juin  1889,  p.  81  et  82,  92  et  93, 
16  Janvier  1890,  p.  94. 

365 


THE  INTERNATIONAL  PROTECTION   OF   LABOR 

28.  Congres  de  Zurich  1897.— Revue  socialiste,  octobre  1897.  Revue  d'Econ- 
omie  politique,  art.  d' Albert  Dufourg,  p.  598.— Revue  du  Droit  ptiblic, 
198,  p.  73  et  suiv. 

29.  Pic,  Paul. — Article  sur  le  Congres  de  Bruxelles,  1897. 

Revue  d'Economie  politique,  1897,  p.   1053  en  collaboration  avec  M. 

Brouilhet. 

Revue  de  Droit  public  et  de  la  scietice  politique,  1897,  p.  559. 

Annates  de  Droit  commercial  1898,  p.  253. 

Annuaire  de  la  societe  d'economie  politique  de  Lyon,  annees  1897- 

1898. 

30.  Guyot,  Yves. — Revue  politique  et  parlementaire,  decembre  1897. 

31.  Dejace. — Reforme  sociale,  novembre  1897.  Journal  des  Eco)iomistes. — 
Numero  de  decembre  1897.  Article  sur  le  Congres  d'Anvers  1898, 
numero  d'octobre  1898. 

32.  Rapin,  Oscar. — Revue  socialiste,  octobre  1897. 

33.  Tabacovici  (Georges)  .  .  .  De  la  Legislation  internationale  du  tra- 
vail, 1896. 

34.  Descamps,  Chevalier. — Les  offices  internationaux  et  leur  avenir,  5m/- 
letin  de  I'Acadeinie  royale  de  Bclgique,  annee  1894. 

35.  Pic,  Paul. — Article  sur  le  Congres  international  pour  la  protection 
legale  des  travailleurs  de  Paris,  juillet  1900,  Questions  pratiques  de 
legislation  oiivriere  et  d'Economie  sociale,  1900,  p.  250  et  suiv. 

36.  Godart,  J. — Article  sur  le  Congres  international  de  Bale,  1901,  Ques- 
tions pratiques,  1901,  p.  316  et  suiv. 

37.  Pic,  Paul. — Revue  d'Economie  politique,  1901,  p.  689,  le  Congres  de 
Paris  1900. 

38.  Levy,  G. — Congres  de  Cologne  1902,  Questions  pratiques,  1902,  p.  363 
et  suiv. 

39.  Pic,  Paul. — Rapport  au  Congres  de  Cologne  sur  I'interdiction  du  tra- 
vail de  nuit  des  femmes,  Questions  pratiques,  1902,  p.  299  et  suiv. 

40.  Millerand,  A. — Les  traites  de  travail,  la  reunion  de  Bale  1903.  Revue 
politique  et  parlementaire,  10  octobre  1903. 

41.  Lichtenberger. — La  legislation  ouvriere  et  le  mouvement  industrial 
moderne,  confefence  faite  a  Nancy,   1903,  Imprimerie  Pierron. 

42.  Jacquemins,  Rolin. — La  Conference  de  Berlin,  Economiste  francais, 
1  mars  1891. 

43.  Morisscaux  (directeur  de  I'office  du  travail  de  Belgique). — La  legis- 
lation du  travail. 

44.  Valleroux,  Hubert. — La  legislation  internationale  du  travail,  Econo- 
miste francais,  1897,  2  semestre,  p.  627  et  725. 

45.  Michel,  Georges. — Compte-rendu  de  la  seance  de  la  societe  d'economie 
politique  de  Paris  du  6  decembre  1897,  Economiste  francais,  1897,  2 
semestre  p.  765. 

46.  Descamps,  Chevalier. — Essai  sur  I'organisation  de  I'arbitrage  interna- 
tional, Revue  de  droit  international  et  legislation  comparee,  1896,  t. 
XXVIII,  p.  1. 

366 


BIBLIOGRAPHY 

47.  Simon,  Jules. — Rapport  sur  la  conference  de  Berlin  1890. 

48.  Archives  diplomatiqucs,  tome,  XXXllI.  1890,  p.  179. 

49.  Compte  rendu  du  Congres  international  du  patronage  de  la  jeunesse 
ouvriere  tenu  a  Paris  du  10  au  13  juin  1900. 

50.  Congres  international  du  patronage  de  la  jeunesse  ouvriere,  tenu  k 
Paris  du  10  au  13  juin  1900.  Procesverbaux  sommaires,  par  P.  GriflFa- 
ton  (secretaire  general  du  congres)  27  S.  Paris,  1901. 

51.  Congres  international  des  accidents  de  travail  et  des  assurances  so- 
ciales,  5.  session  tcnue  a  Paris  du  23  au.  30  juin  1900.  Tome  1.  Rap- 
ports presentes.  Paris,  1901. 

52.  Publications  de  I'Association  Internationale  pour  la  protection  legale 
des  travailleurs.  No.  1.  L'Association  intcrnalionale  pour  la  protection 
legale  des  travailleurs.  Assemblee  constitutive  tenue  a  Bale  les  27  ct 
28  septembre  1901.  Rapports  et  compte-rendu  des  seances  publics  par 
le  Bureau  de  I'Association  Internationale  pour  la  protection  legale  des 
travailleurs.  Paris,  H.  Le  Soudier;  Jena,  G.  Fischer;  Berne,  Schmid 
&  Francke,  1901. 

53.  Courcelle,  B. — Traite  de  la  legislation  ouvriere.     Paris,  1901. 

54.  Congres  international  des  accidents  du  travail  et  des  assurances  so- 
ciales,  tenu  a  Paris  du  23  au  30  juin  1900.  Paris,  Beranger. 

55.  Brants,  Prof.  Victor. — Legislation  du  travail  comparee  et  Interna- 
tionale. Essal  d'Introduction.  Louvain,  Ch.  Peeters;  Paris,  V.  Le- 
coffre,  1902. 

56.  L'Association  Internationale  pour  la  protection  legale  des  travailleurs : 
le  Congres  de  Cologne.  M.  S.  VIL  Octobre. 

57.  Le  Xin.  Congres  international  des  mineurs  et  les  projets  de  secre- 
tariat permanent.  M.  S.  VIL  Oct. 

58.  L'Association  Internationale  pour  la  protection  legale  des  travailleurs. 
B.  O.  T.  IX.  12. 

59.  Brants,  V. — Legislation  du  travail  comparee  et  Internationale.  Paris, 
Lecofifre  et  Louvain,  1903. 

60.  Moucy,  R.  de — Traite  sur  les  accidents  du  travail.  Expos^  de  la  legis- 
lation et  de  la  jurisprudence.  Paris.  P.  Dupont,  1902. 

61.  Reunion  de  la  Commission  de  I'Association  Internationale  pour  la 
protection  legale  des  travailleurs.  B.  O.  T.  X.  9. 

62.  Le  XL  congres  international  d'hyglene  et  de  ddmographie.  B.  O.  T. 
X.  9. 

63.  Les  revendlcation  des  mineurs  et  le  congres  international  de  Londres. 
M.  S.  1901.  VI.  8. 

64.  Proces-verbal  de  la  conference  typographique  Internationale  tenue  les 
14  et  15  avril  1903  a  I'hotel  de  vllle  de  Strasbourg  (Alsace).  Bale 
1903. 

65.  Reunion  de  la  Commission  de  I'Association  Internationale  pour  la 
protection  legale  des  travailleurs.  B.  O.  T.  X.  9. 

66.  Lemi re.— Congres  international  des  Jardlns  ouvriers,  24-25  oct.  1903. 
Paris,  Chevalier  et  Riviere.  Compte-rendu. 


THE  INTERNATIONAL   PROTECTION   OF   LABOR 

67.  Federation  Internationale  des  employes.  Congres  international,  tenu  a 
Bruxelles  en  1903.  Compte-rendu  stenographique,  Liege,  L.  Mercenier. 

68.  La  mise  en  vigeur  de  la  convention  de  travail  franco-italienne  du  15 
avril  1904.  B.  O.  T.  XL  10. 

69.  Compte-rendu  du  congres  international  des  accidents  du  travail  et  des 
assurances  sociales  a  Paris,  23-30  juin  1900. 

70.  Brants,  Victor. — Ou  en  est  la  legislation  internationale  du  travail? 
Revue  so  dale  catholique,  Janvier  1900. 

71.  Mahaim,  E. — Etudes  sur  I'association  professionelle.  Liege,  Imp.  Vail- 
lant-Carmanne,  1890,  I  Vol.  in  8. 

72.  Renaudel,  Pierre. — Pour  la  socialisme,  broch.  de  128  pages,  Paris, 
1903. 

73.  Brisson,  Pierre. — Histoire  du  travail  et  des  travailleurs,  p.  481  et  suiv. 

74.  Chatelain,  L. — La  protection  internatonale  ouvriere. 

75.  Archives  diplomatiques  (2  Serie)  1890.  t.  XXXIIL  p.  325-328,  p.  373- 
374;  t.  XXXIV.  p.  269-276;  t.  XXXV.  p.  18-74,  137-185;  t.  XXXVI. 
p.  15-78;  (3  Serie)  1904.  t.  92.  p.  1269-1274. 

1904 

1.  Association  international  pour  la  protection  legale  des  travailleurs. 

Discussions  de  la  Section  nationale  francaise.     Paris,  Alcan,  1904. 

2.  Jay,  R. — La  protection  legale  des  travailleurs,  Paris  ,1904. 

3.  Mahaim. — Protection  internationale  du  travail,  Revue  economique  in- 
ternationale, octobre  1904. 

4.  Barrault,  Henry  Emile. — La  convention  franco-italienne  du  15  avril 
1904,  Bulletin  de  la  Societc  de  protection  des  apprentis,  juillet-aout- 
septembre,  1904. 

5.  Alfassa,  Maurice. — L'Association  internationale  pour  la  protection 
legale  des  travailleurs,  Revue  politique  et  parlementaire,  10  novembre 
1904,  p.  330. 

6.  Brants,  Victor. — La  protection  internationale  du  travail,  Louvain, 
Institut  sup.  de  philosophie,  annee  1904. 

7.  Rapport  annuel  du  Secretariat  typographique  international  pro  1903. 
Bale,  Schweig.  Typographenbund.  1904. 

International  Labor  Conferences. 

1.  L'Association  internationale  pour  la  protection  legale  des  travailleurs: 
le  congres  de  Bale  (septembre  1904)  B.  O.  T.  1904.  XL  No.  11. 

2.  Le  congres  socialiste  international  d'Amsterdam.  M.  S.  1904.  Annales 
No.  10. 

3.  Pic,  Paul. — Une  ^tape  decisive,  le  traite  de  travail  franco-italien, 
Questions  pratiques,  annde  1904,  p.  120. 

Le  Congres  de  Bale,  1904,  Questions  pratiques,  annee  1904,  p.  413  et 
suiv.  et  annee  1905,  p.  4  et  suiv. 

La  convention  franco-italienne  du  15  avril  1904  et  le  Droit  interna- 
tionale, Revue  generate  de  Droit  international  public,  t.  XI.  1904,  p. 
515. 

368 


BIBLIOGRAPHY 

4.  Brants,  V. — L'ententc  inlcrnationalc  pour  la  protection  dii  travail  a 
I'assemblce  de  Bale.    (Sept.   1904)    Ref.   See.  XXIV.  22. 

5.  Congres  international  des  Accidents  du  Travail  et  dcs  Assurances  So- 
ciales.  Bulletin  du  Comite  permanent.  Quinzieme  annee,  1904.  No.  2. 
Mai-Juni.  Paris. 

6.  Mahaim,  Ernest. — L'Association  Internationale  pour  la  protection 
legale  des  travailleurs.  Son  histoirc — son — but — son  oeuvre.  Extrait 
de  la  Revue  economique  Internationale.  Oktobre  1904.  Bruxelles,  J. 
Goemare. 

1905. 

1.  Rapport  annuel  du  Secretariat  typographiquc  international  pour  1904. 
Bale,  Schweiz.     Typographenbund.  1905. 

2.  La  Legislation  internationale  de  la  mutualite.     Dev.  1905.  t.  29  Sept. 

3.  Association  internationale  pour  la  protection  legale  dcs  travailleurs. 
Deux  memoires  presentes  aux  gouverncments  des  Etats  industriels 
en  vue  de  la  conv®cation  d'une  conference  internationale  de  protec- 
tion ouvriere.    Paris.    Levrault  &  Co.,  1905. 

4.  Archives  diplomatiques,   1905,  Vol.   IIL  p.  271. 

5.  Revue  de  Droit  international,  1905,  p.  432.    (D.  Crick). 

6.  Pic,  Paul. — Revue  de  Droit  international  prive,  1905,  p.  259. 

International  Labor  Conferences. 

1.  La  conference  internationale  pour  la  protection  des  ouvriers.  Dev. 
1905.  t.  29.  Fevrier. 

2.  La  conference  internationale  pour  la  protection  des  travailleurs.  M.  S. 
X.  1905.  Annales.  No.  2. 

3.  Pic,  Paul. — La  quatrieme  Congres  de  I'association  Internationale  pour 
la  protection  legale  des  travailleurs.  Bale,  septembre  1904  Q.  P. 
1905.  No.  2. 

4.  Le  VI.  Congres  de  I'alliance  cooperative  Internationale  M.  S.  1904. 
Annales,  No.  11  Dev.   (t.  29.)   Janvier  1905. 

5.  Union  typographiquc  Internationale  Convention  annuclle.  Dominion 
of  Canada.  L.  G.  1905.  VI.  3. 

6.  Pic,  P..— Le  Congres  de  Berne  1905,  Q.  P.  1905.  p.  94  et  suiv.,  159  et 
suiv. 

Rapport  presente  au  Congres  International   de  Droit  compare. 

La  condition   juridique   des   travailleurs   etrangers.   Journal  de  Droit 

international  prive.  1905.  p.  273  et  suiv,  et  860  et  suiv. 

7.  Congres  international  de  la  tubcrculose  a  Paris  du  2  au  7  octobre  1905. 
Revue  d'Hygiene  et  de  Police  sani'tairc.  1905.  XXVII.  No.  4,  Paris. 

8.  Compte-rendu  officiel  du  sixieme  Congres  de  I'alliance  cooperative 
Internationale.  Paris,  Guillaumin  &  Co.,  1905. 

9.  Brants,  V. — La  conference  Internationale  de  Berne  pour  la  protection 
du  travail.  Ref.  Soc.  1905.  XXV.  No.  17. 

10.    Pic,   P. — Le  quatrieme  congres   de  TAssocIation   Internationale   pour 
la  protection  legale  des  travailleurs.  Bale.  sept.  1904.  Q.  P.  1905.  No.  6. 

369 


THE   INTERNATIONAL   PROTECTION   OF   LABOR 

11.  Hahn,  A. — L' Association  internationalc  pour  la  protection  legale  dcs 
travailleurs.     Annalcs  dcs  Sciences  Politiqncs,  1905.  Mars.  Paris. 

12.  Mahaim,  E. — La  conference  de  Berne  concernant  la  protection  ou- 
vrere.  Rev.  ec.  i.  1905.  II.  3. 

13.  La  conference  internationalc  de  Berne  pour  la  protection  ouvrierc. 
Rev.  Tr.  1905.  No.  6;  B.  O.  T.  1905.  XII.  No.  6. 

14.  Congres  international  de  la  tuberculose  a  Paris  du  2  au  4  octobre 
1905.  Revue  d'Hygiene  ct  de  Police  sanitaire,  1905.  XXVII.  No.  4. 
Paris. 

15.  Rollin,  A. — Au  congres  international  de  la  mutualite.  Solidarite  so- 
ciale.  1905.  15. 

16.  Millerand,  A. — La  conference  officielle  de  Berne,  1905,  Paris,  1905. 

1906. 

1.  Raynaud,  B. — Droit  international  ouvrier,  Paris,  1906. 

2.  Mahaim. — Rev.   econ.  internat.,  novembre   1906. 

3.  Martin  Saint-Leon. — La  protection  legale  des  travailleurs,  Musee  so- 
cial, octobre  1906. 

4.  Brants. — LAssociation  pour  la  protection  legale  des  travailleurs, 
Revue  sociale  catholique,  decembre  1906. 

International  Labor  Conferences. 

1.  Conventions  Internationales  de  Berne  sur  I'interdiction  du  travail  de 
nuit  des  femmes  et  sur  I'interdiction  de  Temploi  du  prosphors  blanc 
dans  I'industrie  des  allumettes.  B.  O.  T.   1906.  XIII.  11. 

2.  La  4  assemblee  generale  de  lAssociation  internationalc  pour  la  pro- 
tection legale  des  travailleurs.  B.  O.  T.  1906.  XIII.  13. 

3.  L'Association  international  pour  la  protection  legale  des  travailleurs. 
A.  cath.  1906.  XXXI.  t.  LXII.  6. 

4.  5  congres  international  de  la  science  de  I'assurance,  Ace.  et  Ass.  1906. 

XVII.  3. 

5.  XVII  congres  international  des  mincurs.  M.  S.  1906. 

6.  Les  conventions  internationales  de  Berne.  A.  cath.  1906.  XXXI.  t. 
LXII.  5. 

7.  Mahaim,  E. — Protection  ouvriere  internationalc.  Les  conventions  de 
Berne  et  lAssemblee  de  Geneve.  Rev.  ec.  int.  1906.  November. 

8.  Brants,  V. — L'Association  pour  la  protection  legale  du  travail.  1  ses- 
sion de  Geneve  (26-29  septembre  1906)  R.  S.  C.  1906.  Dec. 

9.  Chaptal,  L. — Le  congres  international  du  tuberculose.  Ref.  Soc.  1906. 
XXVI.  2. 

10.  Congres  international  de  sans  emploi.  Dominion  of  Canada.  L.  G.  1906. 
VL  11. 

11.  Premier  congres  international  contra  le  chomage.  Dec.  1906.  XXX. 
Mai. 

12.  Mahaim. — La  protection  ouvriere  internationalc,  la  convention  de 
Geneve  et  TAssemblee  de  Geneve,  Revue  economique  Internationale, 
novembre,  1906. 


BIBLIOGRAPHY 

International  Labor  Legislation. 
1.    Office  du  Travail  de  Belgique,  Annuairc  dc  la  legislation  du  travail 
annee  1905.  Bruxelles.  1906. 

1907. 

1.  VVodon,  M.  L. — Project  de  Convention  Internationale  relative  aux 
Accidents  du  travail.  Nr.  VII.  dcs  publications  du  Comite  Beige  pour 
le  progres  de  la  legislation  du  travail,  lip.  Liege,  Aug.  Benard. 

2.  Les  conventions   diplumatiques  pour  les  accidents  du   travail.   T.   N. 

1907.  18.  Aug. 

3.  Pic. — Revue  gencrale  dc  droit  international,  1907,  p.  495. 

International  Labor  Conferences. 

1.  David,  E. — La  conference  syndicalc  intcrnationale  de  Christiania.  M. 
Soc.  1907.  Nov.  p.  420-423. 

2.  SCongres  international  des  Assurances  sociales,  Rome.  12-16  octobre, 

1908.  Ace.  et  Ass.   1907.  3. 

3.  Amieux,  A. — Quatrieme  Assemblee  generale  de  I'Association  intcrna- 
tionale pour  la  protection  legale  des  travailleurs,  Q.  P.  /anvier-fevrier, 
1907. 

4.  Pic,  P. — La  seconde  Conference  intcrnationale  de  Berne  et  I'Assemblee 
de  Geneve,  Revue  gencrale  dc  Droit  international  public,  mai-sout, 
1907,  p.  495. 

5.  Septieme  congres  d'alliance  cooperative  intcrnationale  tenu  a  Cremone 
en  1907.  Paris,  frs.  3,  50. 

6.  Union  intcrnationale  des  ouvriers  du  bois.  1907.  Procesverbaux  des 
congres  internationaux  des  ouvriers  du  bois  tenus  a  Amsterdam  en 
1904  et  a  Stuttgart  en  1907. 

7.  Secretariat  international  des  ouvriers  employes  a  la  construction  de 
routes  (Paveurs).  Compte-rendue  de  la  2e  conference  intcrnationale 
tenue  a  Leipzig,  le  19  fevrier  1907.  24  p.  Berlin,  A.  Knoll,  fr. — ,  60. 

International  Labor  Legislation. 
1.    De  Saint- Albin,  L.  Etat  actuel  de  la  reglementation  international  du 
travail.   (These)   181  p.  Paris,  Giard  &  Briere,  1907. 

International  Labor  Organizations. 

1.  Secretaire  International  des  Centres  Nationaux  des  Syndicats  (C. 
Legien)  Troisieme  Rapport  International  sur  le  Mouvement  Syndical, 
Berlin,  C.  Legien,  1907. 

2.  Federation  intcrnationale  des  mineurs.  Compte-rendu  des  travaux 
du  scizieme  congres  international  des  mineurs  tenu  a  Liege  du  7  au 
du  7  au  11  aout  1907.  Manchester,  T.  Ashton  fils. 

3.  Secretariat  international  des  ouvriers  employes  a  la  construction  dc 
routes  (Paveurs).  Compte-rendu  de  la  II.  Conference  Internationale 
tenue  a  Leipzig,  le  19  fevrier  1907.  Berlin,  Secretariat  international. 
Secretaire:  A.  Knoll. 

4.  Dumas,  E. — L'organisation  intcrnationale  des  ouvriers  metallurgiques. 
M.  Soc.  1907.  2.  p.  149-160. 

^71 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

5.  Secretariat  du  Bureau  socialiste  international.  L'internationale  ou- 
vriere  et  socialiste.  Rapports  soumis  au  Congres  socialiste  interna- 
tional de  Stuttgare  par  les  organisations  socialistes  d'Europe,  d'Aus- 
tralia  et  d'Amerique  sur  leur  activite  pendant  les  annees  1904-1907. 
Preface  d'Emile  Vandervelde.  Bruxelles,   1907. 

1908. 
International  Labor  Legislation. 

1.  Bauer,  Prof.  Dr.  Etienne  La  protection  legale  des  travallleurs  et 
I'office  international  du  travail  14  p.  Lousanne,  Payat  &  Cie,  1908. 

2.  Chatelain,  L.-La  protection  internationale  ouvriere.  These  X.  et  244. 
Paris,  A.  Rousseau,  frs.  5, — 

3.  Metin,  A.  Les  traites  ouvriers.  Accords  internationaux  de  prevoyance 
et  de  travail.  (Textes  officielles,  commentaire  et  historique.)  272  p. 
Paris,  A.  Colen,  1908.  frs.  3,  SO. 

4.  Boissard,  A.  La  realisation  de  I'egalite  entre  nationaux  et  etrangers, 
au  point  de  vue  de  I'indemnisation  des  accidents  du  travail,  par  vole 
de  convention,  internationale.  Rapport  presente  a  I'Association  Inter- 
nationale pour  la  protection  legale  des  travailleurs.  Paris,  F.  Alcan  & 
Guillaumin;  L.  Larose  &  L.  Tenin,  1908. 

5.  Metin,  A. — Les  traites  ouvriers,  Paris,  1908. 

6.  Chatelain,  L. — La  protection  international  ouvriere. 

International  Labor  Organizations. 

I.  Secretariat  International  des  travailleurs  de  la  pierre.  Deuxieme  rap- 
port pour  les  annees  1906  et  1907.  21  p.  Berne.  Impr.  de  I'Union  (Co- 
operative), 1908. 

International  Labor  Congresses. 

1.  Le  congres  international  des  mineurs.  B.   C.  T.   1908.  XIV.   12. 

2.  Le  conference  internationale  des  ligues  sociales  d'acheteurs.  Geneve. 
1908.  662  p.  Fribourg  (Suisse),  Fragniere  freres. 

3.  Secretariat  typographique  internationale.  Proces-verbal  du  Ve  congres 
typographique  international  a  Paris  die  9  au  13  juillet  1907.  D'apres 
le  releve  stenographique.  173  p.  Berne,  Imprimerie  cooperative,  1908. 

4.  Assemblee  generale  le  I'Association  internationale  pour  la  protection 
legale  des  travailleurs.  A.  cath.  1908.  XXXIII.  4;— B.  O.  T.  1908. 
XV.  11. 

5.  Mahaim,  E. — L'AssocIation  internationale  pour  la  protection  legale 
des  travailleurs  a  Lucern.  Rev.  ec.  int.  1908.  15. — 20.  Nov. 

6.  Premiere  conference  internationale  des  ligues  sociales  d'acheteurs. 
B.  O.  T.   1908.  XV.   10. 

7.  Association  internationale  pour  la  protection  legale  des  travailleurs. 

Publication  No.  6.  Compte-rendu  de  la  cinquieme  assemblee  generale 
du  Comte  de  I'association  internationale  pour  la  protection  legale  des 

372 


mBLIOGRAPHY 

travailleurs,  tenue  a  Lucerne,  les  28,  29,  et  30  septembre  1908,  suivi 
des  rapports  annuels  de  I'association  intcrnationale  et  dc  I'Officc  intcr- 
nationale  du  travail  et  de  tableux  synoptiques.  216  p.  Paris,  Berger- 
Levrault    Cie.  frs.  5,  — . 

1909. 

International  Labor  Legislation. 

1.    Pic,  P.  La  protection  legal  des  travailleurs  et  le  droit  international 
ouvrier.  172  p.  Paris,  Alcan,  1909. 

International  Labor  Congresses. 

1.  Federation  internationale  des  Travailleurs  de  la  pierre.  Procesverbal 
des  deliberations  du  lllme  Congres  international  tenu  a  Cassel  les 
llet  12  Avril  1908.  24  p.  Berne  .Imprimerie  de  I'Union  (Cooperative,) 
1909. 

2.  Federation  internationale  des  ouvriers  jde  transport  Procesvarbal  du 
sixieme  congres  international  des  ouvriers  de  transport  et  des  con- 
ferenses  des  travailleurs  des  chcmins  dc  fer  et  des  marins.  Tenus  a 
Vienne  du  24  au  29  aout  1908.  Rapport  du  Conseil  Central  pour  1906, 
1907,  1908,  VI+  158  p.  Hambourg,  H.  Jochade,  1909. 

3.  Le  projet  de  conference  internationale  contre  le  chomage.     B.  A.  S. 

1909.  XX.  3. 

4.  Bellom,  M. — La  conference  internationale  du  chomage.  E.  Fr.  1909. 
34.  p.  272-273. 

5.  Le  deurieme  congres  international  medical  des  accidents  du  travail. 
B.  A.  S.  1909.  XX.  3. 

International  Labor  Organisations. 

1.  Duplessix,  E.  L'organisation  internationale.  L  Vol.,  151  p.  Paris,  La- 
rose,  1909.  frs.  3,  — . 

2.  Maire,  Henry. — L'organisation  et  la  representation  des  interets  pro- 
fessionels  en  Belgique,  en  Hollande,  en  Allemagne,  aux  Etats-Unis  et 
en  France.    Paris,  Jouve,  1909. 

1910. 

1.  Office  Internationale  du  travail.  Premier  rapport  comparee  su  I'appli- 
cation  des  lois  ouvrieres.  L'Inspcction  du  Travail  en  Europe.  Paris, 
Berger-Levrault,  1910. 

2.  Capitant,  H. — Les  conventions  internationales  sur  les  accidents  du 
travail.  R.  D.  L  P.  1910.  Juin. 

3.  Le  travail  legislatiff  en  Belgique  et  dans  les  Parlements  etrangers. 
(December   1909)    Rev.  Tr.   1910.   XV.  2    (Jan.-Avr.   1910)    Rev.  Tr. 

1910.  XV.  4,  6,  8,  10. 

4.  Secretariat  international  den  Travailleurs  dc  1  Pierre.  Troisieme 
rapport,  comprenant  les  annes  1908-1909.  Wallisellen,  Ziirich.  F.  Lien- 
endinger  &  Cie. 

373 


THE  INTERNATIONAL   PROTECTION   OF   LABOR 

6.  Mahaim,  E. — Les  abonnements  d'ouvriers  sur  les  lignes  de  chemino  de 
fer  beige  et  leurs  effets  sociaux  .(Memoires  de  I'lnstitut  de  sociologie 
Solvay,  No.  11)  Bruxelles,  Misch  et  Thron,  1910,  1  Vol. 

7.  Annuaire  du  Mouvement  Co-operatif  Internationale.  1910. 

International  Labor  Congresses. 

1.  Congres  mondial  des  associations  internationales  Bruxelles,  9-11  mai 
1910.  Rapport  No.  17.  Rapport  sur  I'organisation  des  congres  interna- 
tionaux  par  M.  C.  M.  Gariel  Bruxelles.  Secretariat  du  congres,  1910. 

2.  Conference  internationale  des  Assurances  Sociales.  La  Haya,  6-8  Sep- 
tembre  1910.  B.  A.  S.  1910.  XXI. 

3.  Varin. — II.  Congres  international  des  Maladies  professionelles. 
Bruxelles  10-14  Septembre  1910.  R.  S.  A.  T.  1910.  IV.  5. 

4.  Federation  Internationale  des  Ouvriers  sur  Metaux.  Rapports  des 
Unions  affiliees  des  differents  pays  au  VI.  Congres  International  des 
Ouvriers  sur  Metaux  .a  Birmingham,  1910.  Stuttgart,  Alex  Schlicke  & 
Cie.,  1910. 

5.  Congres  des  Accidents  du  Travail.  Bulletin  des  Assurances  Sociales: 
Conference  Internationale  de  la  Haye  6-8  Septembre  1910.  Rapport? 
et  Compte-Rendu.  Paris,  Musee  social,  1910. 

6.  Conferences  internationales  sur  les  reformes  industrielles  et  sociales. 
D.  C.  1910.  XI.  5. 

7.  Perlstein,  Max. — Les  Debats  du  Congres  de  Copenhague.  M.  soc. 
1910.  Octobre. 

8.  Levy,  G. — Le  congres  de  Copenhague.  Les  forces  de  I'lnternationale. 
Grand  Rev.  1910.  Novembre. 

9.  Louis,  Paul. — Le  congres  socialiste  international  de  Copenhague.  M.  S. 
(Ann.)    1910.  Octobre. 

10.  Association  internationale  pour  la  protection  legale  des  travailleurs. 
Publication  No.  7:  Compte-rcndu  de  la  sixieme  assemblee  generale  du 
comite  de  I'Association  internationale  pour  la  protecton  legale  des  tra- 
vailleurs, Lugano  26-28  Septembre  1910,  suivi  de  rapports  annuels  de 
I'Association  internationale  et  de  I'Office  international  du  travail. 
Paris,  Berger-Levrault  &  Cie.,  1910. 

11.  Federation  internationale  des  Employes  Congres  tenu  a  Geneve  les 
20,  21  et  22.  aout  1909.  Compte-rendu  analytique.  Liege,  Imprimerie 
Cooperative,  1910. 

12.  Picard,  R. — La  question  du  travail  a  domicile  et  le  Congres  interna- 
tional de  Bruxelles   (15-17  septembre  1910)   grande  Rev.   \910.  Oct. 

1911 

1.  Le  travail  lelislatif  dans  les  Parlements  etrangers.  Rev.  Tr.  1911.  XVI. 
14,  18,  22,  24. 

2.  Combes  de  Lestrades:  Les  lois  sur  I'industrie  en  Austriche  et  en 
Allemagne.  M.  S.    (Ann.)    1911.  XVIII.   11.   Supplement. 

374 


BIBLIOGRAPHY 

3.  Mahaim,  E.— Lc  protection  legale  dcs  travaillcurs.  Lecture  faitc  en  la 
seance  publique  de  la  Classe  des  lettrcs  et  des  sciences  morales  ct 
politiques  dc  I'Academie  Royale  de  Belgique,  le  3  mai  1917.  Bruxelles, 
Hayez,   1911. 

4.  Les  assurances  sociales  en  Europe.  Etude  sur  la  legislation  Interna- 
tionale et  statistique  dcs  rcsultats.   B.   S.  t.  R.   1911. 

5.  Office  Central  des  Institutions  Internationales,  Bruxelles.  Son  Organi- 
zation, ses  Service,  scs  Travaux.  Bruxelles,  1911. 

International  Labor  Conferences. 

1.  Federation  Internationale  des  Postes,  Telegraphes  et  Telephones. 
Compte-rendu  de  la  conference  de  Paris,  6  et  7  Juin  1911.  Paris, 
Imprimerie  Veuve  Denis,   1911. 

2.  Congres  international  de  Rome,  Reunion  dcr  Bureau  du  jcudi  8  juin 
1911;  la  greve  consideree  comma  cas  de  force  majeure.  B.  F.  N.  1911. 
VI.  65. 

3.  Le  Congres  international  des  travailleurs  du  bois.  R.  I.  C.  1911.  I.  1. 

4.  Compte-rendu  de  la  Conference  Internationale  du  chomage,  Paris  18- 
21  septembre  1910.  Tome  1-3.  Prais.  M.  Riviere  &  Cie.,  1911. 

5.  Mahaim,  Ernest.— La  session  de  Lugano  de  ri\.ssociation  Interna- 
tionale pour  la  protection  legale  des  travailleurs.  Rev.  ec.  int.  1911. 
Janvier. 

6.  Bellom,  M.— Les  assurances  sociales  devant  la  Conference  de  la  Haye. 
R.  P.  P.  1910.  Nov.;  et  Ass.  1911.  XXII.  1. 

1912. 

1.  Les  Assurances  sociales  en  Europe.  VI.  Les  accords  internationaux. 
B.  O.  T.  1912.  XIX.  6. 

2.  Le  travail  lelislatif  dans  les  parlements  etrangers.  Rev.  Tr.  1912. 
XVII.  16. 

3.  Bry,  G. — Cours  elementaire  dc  legislation  industrielle.  Paris,  Societe 
du  Recueil  Sirey,  1912. 

International  Labor  Congresses. 

1.  Bureau  de  1' Association  Internationale  pour  la  Protection  legale  des 
Travailleurs.  Publication  No.  8.  Compte-rendu  de  la  7  assemblee 
generale  du  comite  tenue  a  Zurich  les  10,  11,  et  12  Septembre,  1912 
suivi  de  rapports  annuels  de  I'Association  Internationale  et  de  I'Office 
International  du  Travail.  Paris,  Berger-Levrault,  1912. 

2.  La  semaine  sociale  de  Zurich.  B.  O.  T.  1912.  XIX.  10. 

3.  Le  congres  international  du  travail  a  domicile  a  Zurich  les  8  et  9 
septembre  1912.  A.  O.  1912.  XIX.  539. 

4.  Exposition  Internationale  et  Universelle  de  Bruxelles  1910.  Exposi- 
tion du  travail  a  domicile.  I.  Congres  international  du  travail  a  domi- 
cile reuni  a  Bruxelles  en  septembre  1910.  Compte-rendu  des  seances. 
Bruxelles,  Misch  et  Thron,  1912. 

375 


THE  INTERNATIONAL  PROTECTION   01-    LABOR 

1913 

1.  Federation  internationale  des  ouvriers  du  transport.  Extrait  du  NeU' 
vieme  rapport  international  sur  le  mouvement  syndical  de  1911.  Berlin, 
H.  Jochade,  1913. 

2.  Noaro,  G.  C. — Le  convention  Italo-AUemande  31  juillet  1912,  25  mars 
1913.  Les  conditions  fondamentales  d'un  nouveau  droit  international 
pour  la  prevoyance  sociale.  B.  M.  I.  E.  S.  1913.  IV.  12. 

3.  Federation  Internationale  dcs  Ouvriers  du  Transport.  Rapports  des 
organisations  sur  les  conditions  sociales,  economiques,  legales  et  sur 
les  conditions  d'organisation  du  personnel  des  chemins  de  fer  et  des 
tramways,  des  marnes,  des  ouvriers  des  ports  et  du  transport,  etc.  de 
tous  les  pays  pendant  les  annees  1910,  1911  et  1912.  Berlin,  H.  Jochade, 
1913. 

4.  Rapport  due  Conseit  Central  de  la  Federation  Internationale  des 
Ouvriers  de  Transport  au  Congres  International  tenu  du  26  a  30 
Aout    1913   e   Londres.     Berlin.    H.   Jochade,    1913. 

5.  Pic,  P. — Les  assurances  sociales  en  France  et  a  I'estranger.  Paris, 
Mean,  1913. 

6.  Office  central  des  associations  Internationales.  Organisation  ouvriere 
internationale.  Syndicalisme  et  internationalisme.  Les  federations  In- 
ternationales de  metiers.  Le  secretariat  international  des  federations 
syndicales  nationales.  Bruxelles,  Lamberty,  1913. 

7.  Mahaim,  Ernest. — Le  droit  international  ouvrier  Librairie  de  la  So- 

ciete  du  Recueil  Sirey,  22  Rue  Soufflet,  Paris. 

International  Labor  Congresses. 

1.  III.  Conference  internationale  des  assurances  sociales  Zurich  10-11 
septembre,  1912.  B.  A.  S.  1913.  XXIV.  1. 

2.  III.  Conference  internationale  des  assurances  sociales  XI.  reunion  du 
comite  permanent  international  des  assurances  sociales  a  Zurich  10-11 
septembre  1912.  (Compte-rendu  prepare  par  les  soins  de  P.  Logoz  et 
Ed.  Fuster.)   Paris,  Musee  social,  1913. 

3.  Secretariat  typographique  international :  Proces-verbal  lu  VI.  con- 
gres typographique  international  a  Stuttgart  du  12  au  IS  aout  1912. 
Stuttgart,  edition  privee,  1913. 

4.  Pic,  P.— La  semains  sociale  de  Zurich.  Q.  P.  1913.  XIV.  1-3,  6. 

5.  Blondel,  G. — Note  sur  le  congres  du  travail  a  domicile. 

6.  Fagnot,  F.  La  conference  internationale  de  legislation  ouvriere.  P.  O. 
1913.  in.  21. 

7.  Les  resolutions  de  la  conferenz  internationale  de  legislation  ouvriere. 

A.  O.   1913.   XX.  577;  P.  O.  1913.  III.  22. 

8.  La  conference  internationale  de  Berne,  15-25  septembre  1913.  B.  O.  T. 
1913.  XX.  10;  A.  O.  1913.  XX.  573. 

9.  La  I.  assemblee  de  I'association  internationale  pour  la  lutte  centre 
le  chomage.   Gand.  5  et  6  septembre  1913.  B.   M.  T.   1913.  XX.   11; 

B.  A.  L.  C.  1913.  III.  3,  4. 


BIBLIOGRAPHY 

10.  Conference  Internationale  des  Ligues  sociales  d'Acheteurs  a  Anvers 
26-28  septembre  1913.  Comptc-rendu.  B.  L.  S.  A.  1913.  IX.  4;  B.  M.  T. 
1913.  XX.  12. 

11.  Actes  de  la  conference  pour  la  protection  ouvriere;  reunie  a  Berne 
du  15  au  25  septembre  1913.  Berne,  Stampfli. 

12.  Congres  de  I'alliance  co-operative  internationale  a  Glasgow.  A.  O. 
1913.  XX.  572. 

13.  Damau,  P. — IV.  congres  international  d'assainissement  ct  de  salubrite 
de  I'habitation.  Anvers  31  aout — 7  septembre  1913.  I.  Section :  Hy- 
giene le  I'emigrant.  Logemcnt  a  terre.  Anvers,  1913. 

14.  Premier  congres  international  de  la  protection  de  I'enfance  Bruxelles 
1913.  Bruxelles,  Monitcur  Beige,   1913. 

15.  Second  congres  international  du  travail  a  domicile.  Zurich,  8-9,  sep- 
tembre 1912.  Rapports  et  comptes-rcndus  des  seances.  Bruxelles,  Misch 
et  Thron,    1913. 

16.  X.  congres  international  d'agrlculture,  Gand  1913.  Bruxelles,  1913. 

17.  Rapports  du  X.  congres  international  des  habitations  a  bon  marche. 
La  Haye-Scheveningen,  Septembre,  Rotterdam,  Nijghen  van  Ditmar, 
1913. 

1914. 

International  Labor  Congresises. 

1.  Protocole  du  IV.  congres  des  travailleurs  de  la  pierre  tenu  a  Bruxelles 
les  12  et  13  Octobre  1913.  La  Chaux-de-Fonds,  Imprimcrie  Co-oper- 
ative, 1914. 

2.  Huitieme  assemblee  des  delegues  de  I'Association  Internationale  pour 
la  protection  legale  des  travailleurs.  V.  L  N.  1914.  V.  3. 

3.  Association  pour  la  lutte  contre  le  chomage.  Assemblee  generale  de 
Gand  5-6  septembre  1913.  Proces-verbaux  des  reunions  et  documents 
annexes.  B.  A.  L.  C.  1914.  IV.  2. 

4.  Conference  internationale  des  delees  et  membres  des  ligues  sociales 
d'achetcurs  tcnue  a  Anvers  les  26,  27  et  28  septembre  1913.  Corapte- 
rendu.  B.  L.  S.  A.  1914.  1. 

5.  Congres  des  assurances  sociales,  Washington,  1915.  B.  A.  S.  1914. 
XXX.  I. 

International  Labor  Legislation. 

1.  Le  mouvement  syndical  International  en  1912.  V.  I.  N.  1914.  V.  5. 

2.  BourgeoISjL. — L'organlsatlon  internationale  de  la  prevoyance  sociale. 
B.  A.  S.  1914.  XXV.  1. 

3.  Le  developpeent  de  la  legislation  sociale  en  Europe  et  aux  Etats- 
Unis  en  1913.  B.  M.  T.  1914.  XXI.  2. 

4.  Legislation  du  travail  en  Belglque  ct  dans  les  parlements  etrangers. 
Rev.  Tr.  1914.  XIX.  2,  4. 

5.  Protection  legale  des  travailleurs.  V.  I.  N.  1914.  V.  1-2. 

6.  Annee  sociale  internationale  1913-1914,  Paris,  Gabalda,  1914. 

377 


THE  INTERNATIONAL   PROTECTION   OF  LABOR 

PUBLICATIONS  IN  ENGLISH. 

\.   Bulletin  of  the  International  Labor  Office. 

2.  Conference  of  Delegates  from  the  General  Federations  of  Trade 
Unions  of  the  Allied  Countries.  Historical  Survey  of  the  Efforts  to 
Co-ordinate  and  Internationalize  Labor  Legislation.  Issued  by  the 
Central  Federation  of  Trade  Unions,  London. 

3.  Reinsch. — Public  International  Unions. 

4.  Bauer. — International  Labor  Office,  Economic  Journal,  1903. 

5.  American  Labor  Legislation  Review. 

6.  Report  of  the  Proceedings  of  the  Third  International  Congress  for 
the  Welfare  and  Protection  of  Children.  Held  at  London,  15-18  July, 
1902.  P.  S.  King  &  Son,  1902. 

7.  Bauer,  Prof.  Dr.  St. — The  International  Labour  Office  in  Basle.  E.  J. 
XIII.  51. 

8.  Annual  Convention  of  the  International  Association  of  Factory  In- 
spectors. D.  C.  IX.  3. 

9.  Documentary  History  of  American  Industrial  Society  by  Commons 
and  Andrews,  Vol.  IX.  pp.  43-46,  333-378. 

10.  Fairies,  John  Culbert. — The  Rise  of  Internationism,  pp.  52,  89-90. 

11.  Bulletin  fo  the  Bureau  of  Labor,  No.  54,  Sept.  1904,  Washington,  pp. 
1023-1986. 

12.  Publications  of  the  International  Association  for  the  Legal  Protec- 
tion of  Labor.  No.  5,  6,  7,  8. 

13.  Supplementary  Appendix  to  Vol.  I.  of  the  Life  of  Robert  Owen,  pp.' 
X-XII,  209-222. 

14.  Carlton. — History  and  Problems  of  Organized  Labor,  p.  310. 

15.  Woolf,  L.  S. — International  government.    (See  1916.) 

1904. 
1.    International  Labor  Statistics.  N.  Y.  1904.  22. 

1905. 

1.  Cockburn,  J. — Report  on  the  International  Workmen's  Congress  in 
Vienna,  1905,  together  with  an  account  of  the  system  of  Workmen's 
Insurance,  including  Old  Age  Pensions,  in  Germany.  Melbourne,  J. 
Kemp.     • 

2.  Fehlinger,  H. — Trades  unionism  in  Europe.  A.  F.  1905.  XII.   No.  2. 

3.  International  Labor  Legislation.  Y.  R.   1905.  XIV.  3. 

4.  The  Tuberculosis  Congress.  T.  1905.  October  10. 

5.  The  Labour  Market.  T.  1905.  16  May,  15  July,  16  Aug.-Nov. 

1906 
1.    International    Typographical    Union.    Fifty-second    session,    Colorado 
Springs,  Colo.,  August  13-18,  1906.  Colorado  Springs.  See  also  Reports 
of  Committee  on  Laws,  and  Report  of  Eight  Hour  Committee. 


BIBLIOGRAPHY 

2.  International  Spinners'  Union.  Convention  Report.  Held  in  Boston, 
Mass.,  Sept.  13,  14,  15,  1906. 

3.  The  Berne  Conference.  The  Geneva  Convention.  Should  our  Consti- 
tution be  Amended?  Y.  R.  1906.  XV.  3. 

4.  Taussig,  F.  W. — Wages  and  Prices  in  Relation  to  International  Tr^dc. 
Q.  J.  1906.  XX.  4. 

5.  International  Society  of  Sculpotors,  Painters,  and  Gravers.  Times, 
London,  1906.  Jan.  11. 

6.  International  Federation  of  Textile  Workers'  Associations.  Periodital 

Reports,  No.  1.  Contains  statistics  of  wages  and  hours  in  Germany, 
England,  Austria,  Holland,  Denmark,  and  Belgium.    (In  English,  French 
and  German)   Manchester,  "Cotton  Factory  Times"  Office,  1906. 

1907. 

1.  International  Strikes  in  Europe.  Am.  Monthly  Cons.  Rep.  No.  319. 
Washington,  Gov.  Print.  Office,  1907. 

2.  International  Conference  on  Labor  Regulation  at  Berne,   September, 

1906.  Memorandum  with  the  Text  of  the  Documents  signed  at  the 
Conference.  London,  King  &  Son. 

3.  The  International  Socialist  and  Labor  Congresses.  L.  L.  1907.  23,  30. 
Aug.;  J.  L.  1907.  24,  31.  Aug. 

4.  Executive  Committee  of  the  International  Co-operative  Alliance.  In- 
ternational Co-operative  Bibliography.  London,  King  &  Son. 

5.  International  Labor  Legislation.  Dispatches  on  the  Subject  from  the 
Colonial  Office  referred  to  the  minister  of  Labor,  D.  C.  1907,  1  p. 
78-81. 

6.  International  Association  of  Factory  Inspectors.  Twenty-first  annual 
convention   held   at   Hartford,    Connecticut,    June   4th,    5th    and   6th, 

1907,  122  p. 

7.  International  Union  of  Wood-Workers.  Proceedings  of  the  interna- 
tional Wood-Workers'  Congress  in  Amsterdam  1904  and  Stuttgart 
1907.  634-62+61  p.  Stuttgart,  1907. 

8.  The  international  secretariate  of  workers  employed  in  road  making. 
Second  International  Conference  of  workers  employed  in  road  mak- 
ing held  on  February  17,  1907  in  Leipzig.  14  p.  Berlin,  A.  Knoll.  M.  — , 
30. 

1908. 

1.  International  Federation  of  Textile  Workers'  Associations.  Report 
No.  5  December  1907,  Ashton-under-Lyne,  Andrew,  1908. 

2.  First  International  Congress  of  Consumers'  Leagues.  T.  I.  1908.  XL  7. 

1909. 

1.  Master  Cotton  Spinners'  and  Manufacturers'  Associations.  Report  of 
sirth  international  Congress  of  delegated  representatives  held  at 
Milan,   May,   1909.  London,  P.  S.   King  &  Son. 

379 


THE  INTERNATIONAL  PROTECTION   OP-  LABOR 

2.  "British  Section."  The  Lucerne  Conference.  W.  T,  U.  1909.  72. 

3.  International  Transportworkers'  Federation.  Proceedings  of  the  VI 
International  Convention  of  transport-worker's  railwaymen's  and  sea- 
men's conferences.  Held  in  Vienna  from  August  24th  to  29th  inch 
1908.  Report  of  the  Central  Council  for  1906,  1907,  1908.  VI  155  p. 
Hamburg,  H.  Jochade,  1909. 

4.  International  Association  for  Labour  Legislation.  Publication  No.  6. 
Report  of  the  fifth  general  meeting  of  the  committee  of  the  Interna- 
tional Association  for  Labour  Legislation  held  at  Lucerne,  September 
28th  to  30th,  1908.  Together  with  the  annual  reports  of  the  Interna- 
nation  Labour  Office  and  appendices.  Issued  by  the  Board  of  the 
International  Association  for  Labour  Legislation.  121  p.  Woolwich, 
Labour  legislation.  Labour  representation  newspaper  printing  and 
publishing  Co.  Ltd.  1909. 

5.  Authorities  of  the  Trades'  Union  Congress  and  parliamentary  com- 
mittee, report  of  proceedings  at  the  forty-second  annual  Trades 
Union  Congress,  London,  September  6th-llth,  1909  206  p.  London, 
Co-operative  Printing  Society  Ltd.,  1909. 

6.  Co-operation  in  Europe.  (Arena,  U.  S.  A.)  J.  L.  N.  Z.  1909.  XVII. 
194. 

1910. 

1.  President  Gompers  in  Europe.  A  General  View  of  European  Working 
Class  Conditions.  A.  F.  1910.  17.  1. 

2.  Potter,    D. — International  Labor  Legislation.   E.   J.    1910.   September. 

3.  Linotype  and  Monotype  and  the  International  Typographical  Union. 
A.  F.  1910.  XVII.  11. 

4.  International  Metalworkers'  Federation.  Reports  of  the  affiliated  Na- 
tional Organidations  to  the  VI.  International  Metalworkers  Congress 
at  Birmingham  1910.  Stuttgart,  Alex  Schlicke  &  Cie.,  1910. 

5.  Proceedings  of  the  Sixth  International  Convention  of  Transport 
Workers  of  the  Railwaymen's  and  Seamen's  Conferences,  held  in 
Vienna  from  August  24-29,  1908.  International  Transportworkers  Fed- 
eration, 1909.  Hamburg,  Besenbinderhof,  H.  Jochade. 

6.  The  International  Conference  on  Unemployment.  J.  St.  S.  1910.  Dec. 

1911. 

1.  Lubin,  David. — International  Institute  of  Agriculture  and  iiS  Bear^ 
ings  on  Labor.  A.  F.  1911.  XVIII.  6. 

2.  International  Trade  Union  Statistics.  N.  Y.   1911.  48. 

3.  International  Unemployment  Conference.  Charity  Organis.  Dev.  1911. 
10. 

4.  International  Association  for  Labor  Legislation.  Publication  No.  7: 
Report  of  the  Sixth  General  Meeting  of  the  Committee  of  the  Inter- 
national Association  for  Labor  Legislation,  Lugano,  Sept.  26-28,  1910. 
Annual  Reports  of  the  International  Association  and  of  the  Interna- 
tional Labor  Office  and  Appendices.  London,  King  &  Son.  1911. 

380 


BIBLIOGRAPHY 

5.  Sanger,  Sophy. — Industrial  Laws  and  International  Agreement.  W.  T. 
U.  1911.  1. 

6.  Women  and  International  Labor  Legislation:  The  Lugano  Conference. 
W.  I.  N.  1911.  1. 

7.  International  Labor  Office.  First  comparative  report  on  the  adminis- 
tration of  labor  laws.  Inspection  in  Europe.  London,  King  &  Son, 
1911. 

8.  Sanger,  Sophy. — The  International  Conference  on  Unemployment. 
W.  I.  N.  1911.  January. 

1912. 

1.  Bureau  of  the  International  Association  for  Labor  Legislation.  Publi- 
cation No.  8:  Report  of  the  Seventh  General  Meeting  of  the  Com- 
mittee held  at  Zurich,  September  1012,  1912.  Annua-1  Reports  of  the 
International  Labor  Office  and  Appendices.  London,  P  .S.  King  & 
Son,  1912. 

2.  International  Association  of  Bureaus  of  Labor.  Proceedings.  Factory 
Inspection  and  Industrial  Commissioners.  (Twenty-eighth  Annual 
Convention).  Washington,  1912. 

3.  International  Trade  Union  Statistics.  N.  Y.  1912.  XIV.  52. 

1913. 

1.  International  Federation  of  Trade  Unions  (auch  Deutsch  und  fran- 
zosisch).     I.  M.  R.  1913.    VII.  10. 

2.  Deibler,  F.  S. — The  Amalgamated  Wood  Workers'  International 
Union  of  America;  a  Historical  Study  of  Trade  Unionism  in  its 
Relation  to  the  Development  of  an  Industry.  Madison,  University  of 
Wisconsin,  1913. 

3.  International  Transport  Workers'  Federation.  Reports  of  the  Organi- 
zations concerning  the  Social-economic  Conditions,  State  of  Organi- 
zations and  Rights  enjoyed  by  the  Tramwaymen,  Seamen,  Dock  and 

•  Transport  Workers,  etc.  in  all  Countries  for  the  Years  1910,  1911, 
1912.   Berlin,  H.   Jochade,   1913. 

4.  Report  of  the  Central-Council  of  the  International  Transport 
Workers'  Federation  submitted  to  the  International  Congress  to  be 
held  August  26-30,  1913  in  London.     Berlin,  H.  Jochade,  1913. 

1914. 

1.  International  Conference  for  the  Protection  of  Workpeople.  D.C. 
1914.  XIV.  9. 

2.  More  about  the  Berne  Conference.  W.  L.  L.  1914.  III.  4. 

1915. 
1.    International  Legislation  for  the  Protection  of  Workers.  (3  sprachig). 
I.  M.  R.  1915.  X.  2.  4-6. 

1916. 
1.    Woolf,  L.  S. — International  Government   (Fabian  Bookshop,  25  Tot- 
hill  Street,  Westminster;  and  George  Allen  and  Unum,  Limited,  40, 
Museum  Street,  London,  W.  C.)  pp.  180-192,  211-216. 

381 


THE  INTERNATIONAL   PROTECTION   OF  LABOR 
PUBLICATIONS  IN  ITALIAN. 

.  XI.  Congresso  internazionale  d'igiene  e  demografia.  Rivista  della  bene- 
ficenza  publica,  delle  instituzioni  di  previdenza  e  di  igiene  sociale. 
Sept.  1903. 

2.  Congresso  (Primo)  internazionale  per  I'infanzia  (tenuto  in)  Firenze, 
ottobre  1896:  memorie,  discussioni  e  processi  verbali  pubblicati  sotto 
la  direzione  del  presidente  dall'ing.  Enrico  Bianciardi,  segretario  del 
congresso,  coadiuvato  dall'avv  Giacomo  Ceroni  e  dall'avv.  Lamberto 
Lamberti.  Vol.  II.  Milano,  stab.  tip.  Enrico  Reggiani,  1902.  8. 

3.  Convenzione  fra  I'ltalia  e  la  Francia  per  regolare  la  protezione  degli 
operai.  B.  U.  L.  I.  3. 

4.  Valentini-Fersini,  G.  Protezione  e  legislazione  internazionale  del  la- 
voro;  prod  romi  di  un  diritto  internazionale  operaio.  XV+288  p. 
Torino.  L.  4,  — . 

1904. 

1.  Congresso  internazionale  del  partito  socialista.    B.  U.  L.  1904.  No.  2. 

2.  A.  Nicolo. — II  lavoro  nelle  risaie.  Osservazioni  sul  reante  progetto 
di  legge  compilato  dal  Consiglio  del  lavoro.     Pisa,  1914. 

3.  Assemblea  de  comitato  deH'associazione  internazionale  per  la  pro- 
tezione legale  dei  lavoratori.  B.  U.  L.  1904.  II.  No.  3. 

1905. 

1.  II  Congresso  internazionale  per  il  risanamento  e  I'igiene  delle  abita- 
zione  in  Parigi.  B.  U.  L.  1905.  III.  No.  1. 

2.  Conferenza  internazionale  per  la  protezione  oprai  in  Berna.  B.  U.  L. 
1905.  III.  No.  5. 

3.  Manf  redi,  V. — La  condizione  dello  strancero  nelle  leggi  sulle  assicura- 

zioni  contro  gl'infortuni  e  sulla  responsibilita  professonale.  Estratto 
della  Rivista  Internazionale  di  scienze  sociali  e  discipline  ansilarie. 
Roma,  1905. 

4.  Congresso  internazionale  medico  per  gli  infortuni  sul  lavoro,  tenuto 
in  Liegi  dal  28  maggio  al  3  Giugno  1905.  B.  U,  L.  1905.  IV.  3. 

1906. 

1.  IV.  Assemblea  del  Comitato  dell'Associazione  internazionale  per  la 
protezione  legislativa  dei  lavoratori.  B.  U.  L.  1906.  VI.  4. 

2.  II  Conbresso  internazionale  di  Vienna  per  la  assicurazioni  operaie. 
Cr.  s.  1906.  XVI.  2.6. 

3.  II.  Congresso  contro  la  disoccupazione.  Um.  1906.  II.  15.  22. 

4.  Primo  Congresso  internazionale  per  la  lotta  contro  la  disoccupazione. 
B.  U.  L.  1906.  VI.  4. 

382 


BIBLIOGRAPHY 

5.  Pagllari,  vol.  F. — II  Congresso  clclla  resistenza  e  il  Congrcsso  inter- 
nazionale  per  la  lotta  contro  la  disoccupazione.  Cr.  s.  1906.  XVI.  19. 

6.  Michels,  R. — II  primo  Congrcsso  inlcrnazionale  per  la  lotla  contro 
la  disoccupazione,  Ref.  Soc.  1906.  Dec. 

7.  Pagliari,  Prof.  F. — II  primo  Congresso  internazionalc  contro  la  dis- 
occupazione. Cr.  s.  1906.  XVI.  21. 

8.  Convenzioni  internazionale  per  la  protezione  dei  lavoratori  stipulate 
nella  Conferenza  tenuta  a  Berna  il  26  settembre  1906.  B.  U.  L.  1906. 
Oct. 

9.  Congresso  internazionale  pro  riposa  settimanale.  B.  U.  L.  1906.  Nov. 
10.    Michels,   R. — I.   Sindacati  Tedeschi   e  la  lotta  contro   la   Disoccupa- 
zione.  Atti   del    I,    Congresso    Internazionale   per   la    lotta   contro   la 
Disoccupazione,  Milano,  Societa  Umanitaria,  1906. 

1907. 

1.  V.  Assemblea  internazionale  dei  delegati  dei  segretariati  nazionali, 
B.  U.  L.  1907.  VIII.  4. 

2.  VII.  Congresso  socialista  internazionale.  B.  U.  L.  1907.  VIII.  3. 

3.  XII.  Congresso  internazionale  sul  riposo  festivo.  B.  U.  L.  1907. 
VIII.  4. 

4.  XIV.   Congresso  internazionale   d'igiene  e   di   demografia.    B.    U.   L. 

1907.  VIII.  6. 

5.  I.  Congresso  internazionale  dei  lavoranti  panattieri  e  pasticceri.  B. 
U.  L.  1907.  VIII.  4. 

6.  Congresso  internazionale  dei  muratori.  B.  U.  L.   1907.  VIII.  3. 

7.  Pagliari,  F. — II  movimento  operaio  internazionale.  Cr.  s.  1907.  XVII.  9. 

8.  Atti  del  III.  Congresso  risicolo  internazionale :  Pavia,  27,  28,  39, 
ottobre,  1906.  Milano,  Abbiate,  1907. 

9.  Resoconto  del  III.  Congresso  internazionale  della  mutualita,  Milano, 
21-23  settembre,  1906.  Milano,  Strazza,  1907. 

1908. 

1.  Seconda  relazione  intorno  al  movimento  internazionale  dei  lavora- 
tori della  petra  degli  anni  1906  e  1907.  18  p.  Lugano,  Cooperativa 
Tipografica  Sociale,   1908. 

2.  Vassembles  generale  dell'  Associazione  internazionale  per  la  protezione 
legislativa  dei  lavoratori.  B.  U.  L.  1908  X.  4. 

3.  II  Congresso  internazionale  delle  associazioni  agrarle  cooperative. 
B.  U.  L.  1908.  X.  4. 

4.  VIII.  Congresso  internazionale  delle  assicurazioni  sociali.   B.  U.  L. 

1908.  X.  4. 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

5.  Cattaneas,  M.  II  congresso  internazionale  di  Londra  per  le  case  popo- 
lari.  Ref.  Soc.  1908.  XIX.  3. 

6.  Atti  del  IV.  congresso  internazionale  D'assistenza  publica  at  privata. 
Vol.  IV.  280  p.  Milano. 

7.  Ottavo  congresso  internazionale.  Assn.  1908.  584. 

1909. 

1.  Merloni  ,Prof.  G. — L'isolamento  del  Sindacalismo  alia  Conferenza 
internazionale  operaia.  Cr.  s.  1909.  XIX.  18. 

2.  Federazione  internazionale  dei  lavoratori  delle  pietra.  Verbale  dei 
deliberati  del  III.  congresso  internazionale  tenutosi  a  Kassel  nei 
giorni  11,  12  aprile  1908,  Berne,  Tipagr.  dell'Unione  (Cooperatina), 
1909. 

1910. 

1.  La  VI.  Assemblea  deH'Associazione  internazionale  per  la  protezione 
legale  dei  lavoratori  (Lugano  1910).  Publicazioni  della  Sezione  itali- 
ana.  Nuova  Serie.  Roma,  Officina  poligrafica. 

1911. 

1.  Monti,  A. — II  Congresso  internazionale  di  Bruxelles  per  lo  studio 
delle  Malattie  del  lavoro.  Ram.  1911.  V.  3. 

2.  II  segretariato  internazionale  delle  organizzazioni  operaie  nel  1909 
B.  U.  L.  1911.  XVI.  3. 

3.  Locatelli,  A.  F. — Le  leggi  sul  lavoro  e  il  diritto  internazionale  operaio, 
con  prefazione  del  Prof.  E.  Catellani,  Padova,  Fratelli  Drucker,  1911. 

1912. 

1.  L'organizzazione  operaia  internazionale  nel  1910.  C.  F.  L.  1912.  VL 
249. 

2.  VII.  Assemblea  generale  dell'Associazione  internazionale  per  la  pro- 
tezione legale  dei  lavoratori.  B.  U.  L.  1912.  XVIII.  10. 

3.  III.  Congresso  medico  internazionale  per  gli  infortuni  del  lavoro. 
M.  A.  S.  1912.  V.  8-9. 

1913. 

1.  Conferenza  internazionale  di  Berna  per  la  disciplina  del  lavoro  delle 
donne  e  degli  adolescenti.  B.  U.  L.  (N.  S.)   1913.  17. 

2.  III.  Congresso  internazionale  per  le  malattie  del  lavoro.  B.  U.  L. 
1913.  11. 

3.  Congresso  dell'associazione  internazionale  per  la  lotta  contro  la  dis- 
occupazione.  C.  F.  L.  1913.  VII.  291.  B.  U.  L.  1913.  16. 

4.  Ottava  Conferenza  internazionale  dei  sindacati.  C.  F.  L.  1913.  VII. 
287. 

5.  Lo  sviluppo  della  legislazione  sociale  in  Europa  nel  1912.  C.  F.  L. 
1913.  VII.  287. 

384 


BIBLIOGRAPHY 

1914. 

1.  Legislazione  sul  lavoro  in  Italia  c  all'cstcro.  B.  U.  L.  1914.  XXI.  1-3. 

2.  II  movimento  internazionale  dei  sindacati  nel  1912.  B.  U.  L.  1914.  XXI. 
2-Z:  B.  U.  L.  (N.  S.)  1914.  11.  7;  Conf.  L.  1914.  VIII.  301. 

3.  Resoconto  del  IV.  Congresso  internazionale  dei  lavoranti  in  pietra, 
Bruxelles  12-13,  ottobrc  1913.  Lugano,  Sanvito,  1914. 

PUBLICATIONS  IN  SPANISH. 

1.  VI.  Congreso  de  la  alianza  cooperativa  internacional.  B.  R.  S.  1904. 
I.  No.  VI. 

2.  IV.  Congreso  internacional  de  beneficencia  publica  y  privada.  B.  R.  S. 
1906.  III.  25. 

3.  I.  Congreso  internacional  de  enfermedades  profesionalcs.  B.  R.  S. 
1906.  III.  25. 

4.  XI.  Congreso  internacional  de  descanso  scmanal.  B.  R.  S.  1906.  III. 
30. 

5.  Congreso  internacional  de  obreros  de  transportes  terrestrcs  y  mari- 
timos.  B.  R.  S.  1906.  III.  27. 

6.  XVII.  Congreso  internacional  de  mineros.  B.  R.  S.  1906.  III.  26. 

7.  I.  Congreso  internacional  para  la  lucha  contra  el  paro.  B.  R.  S.  1906. 

in.  30. 

8.  Movimento  social  internacional ;  convenciones  internacionales  sobre  la 
prohibicion  del  trabajo  nocturno  de  las  mujeres  y  sobre  la  prohibi- 
ci6n  del  empleo  del  fosforo  bianco.  B.  Arg.  1907.  458.  p.  20-22. 

9.  Movimento  obrero  internacional  en  1905.  B.  R.  S.  1907.  XXXV.  p. 
964-967. 

10.  La  asociacion  internacional  para  la  proteccion  legal  de  los  trabaja- 
dores.  "El  Mercurio."  1907.  21.  July. 

11.  Montoliu,  C. — VII I.  Congreso  cooperativo  internacional  celebrado  en 
Hamburgo.  Bol.  M.  S.  1910.  I.  5. 

12.  Convencion  internacional  sobre  la  prohibicion  del  trabajo  nocturno  de 
las  mujeres  empleades  en  la  industria.  Bol.  M.  S.  1910.  I.  6. 

13.  Congresos   internacionales  y  legislacion   social   durante  el   aiio   1908. 
B.  D.  T.  1910.  Marzo. 

14.  Congreso  Cooperativo  Internacional.  B.  D.  T.   1911.  17. 

15.  IX.  Congreso  internacional  de  Agricultura.   (Madrid  1-6  dc  Majo  in- 
clusivo)  E.  S.  1911.  IL  7. 

16.  Eza.   Conferencia   internacional   sobre  la   falta   de   trabajo,   en   Gante. 
E.  S.  1911.  n.  11. 

17.  Maluquer  y  Salvador,  J. — Notas  sobre  el  seguro  obrero  internacional. 
E.  S.  1911.  n.  10. 

18.  El  Congres  internacional  de  I'habitacio  barata  a  Scheveningue.   Bol. 
M.  S.  1913.  IV.  Octobre. 

19.  La  primera  assamblea  internacional  contra'l  paro  forcos.  BoL  M.  S. 
1913.  IV.  Octobre. 

385 


THE  INTERNATIONAL  PROTECTION   OF  LABOR 

20.  VIII.  Conferencia  internacional  de  centrales  sindicales.  B.  R.  S.  1913. 
X.  Diciembre. 

21.  Lopez  Nunez,  A.,  Figueras,  M.,  Madariaga,  R.,  Tallada,  J.  Los 
congresos  sociales  de  Zurich  en  Septiembre  de  1912.  La  VII.  assamblea 
de  la  Asociacon  internacional  para  la  proteccion  legal  de  los  trabajo- 
dores,  Madrid,  Minuesa  de  los  Rios,  1913,  p.  1. 

22.  Conferencia  internacional  de  Sendicatos  cristianos  en  Zurich.  Rev.  c. 

1908.  XIV.  (Agosto). 

23.  Biblioteca  social  de  mutualidad  La  Va  asamblea  general  de  la  Aso- 
ciacion  internacional  para  la  proteccion  legal  de  los  tratajadores  (Lu- 
cerna,  28. — 30  Septiembre  1908)  Cuenta  rendia  a  la  seccion  espafiola 
de  la  asociacion  par  su  delegado  Jose  Manuel  de  Bayo  y  Gonzalez 
Elipe.  23  p.  Madrid,  Est.  Tip  de  la  Viuda  e  Hijos  de  M.  Tello,  1908. 

24.  Conventio  entre  Francia  e  Italia  sobre  el  Trabaja.  B.  R.  S.  I.  1. 

25.  El  III.  congres  internacional  de  les  malatties  professionals  a  Viena. 
Bol.  M.  S.  1914.  V.  25. 

26.  Asamblea  de  la  Asociacion  internacional  para  la  Proteccion  legal  de 
los  Trabajadores.  B.  R.  S.  1909.  VI.  55. 

PUBLISHED  IN  ROUMANIA. 

1.    Les  assurances  sociales  en  Europe.  Etude  sur  la  legislation  interna- 
tionale  et  statistique  des  resultats.  B.  S.  t.  R.  1911. 

PUBLISHED  IN  SWEDEN. 

1.  Sjunde  internationella  berattelsen  ofver  fackforeningsrorelsen.  Medd. 
1911.  7. 

2.  Tionde  internationella  berattelsen  ofver  fackforeningsrorelsen  (1912). 
Medd.  1914.  V.  4. 

3.  ■  Fiirst,  Th. — Den  internationella  arbetarskyddslagstiftningen.  Konferen- 
sen  i  Bern  1913.  Ask.  1913.  10-12. 

4.  Arbetsloshetskongressen  i  Gent.  Medd.  1913.     IV.  10. 

5.  VIII.  Internationale  fagforeningskonferense  i  Zurich.     Medd.  1913. 
VIII.  10. 

6.  Internationell  arbetarskyddstutallning  i  New  York.  Ask.  1913.  9. 


PUBLISHED  IN  AUSTRIA-HUNGARY. 

Gaal,  J. — Jelentes  a  nemzetkozi  torvenyes  munkasvedelmi  egyesiilet- 

nek  1906.  evi  szeptember  26-29ik  napjain  Genfben  tartott  nagygyulc- 

serol.  Budapest,  Revai,  1907. 

Nemzetkozi  jelentes  a  szakszervezeti  mozgalomrol.  S.  E.  1907.  III.  p. 

17. 


386 


BIBLIOGRAPHY 

3.  Tayerle,  R. — Mezinarodni  hnuti  odborove  v  Evrope.  Ar.  1907.  XI.  12. 

4.  Maday,    A. — A    torvenyes    munkasvedelem    ncmzetkozi    szabalyozasa. 
Kiilonlenyomat.  Budapest,  Politzer,  1910. 

5.  Gaal,  J — Jelentes  az  1912  evi  szeptembcr  ho  6-12  en  Zurich  ben  Aaitott 
szocialpolitikai  nemzetkozi  tanacskozasokrol.     Budapest,  Kilian,  1912. 

6.  Marschan,  Geza. — A  szocialpolitikai  torvenyhozas,  1913 — ban.  Europa 
es  Amerikai  Egyesiilt-Allamok.  T.  M.  E.  1914.  VI.  2. 

PUBLISHED  IN  DENMARK. 

1.  Jensen,  A. — Den  Internationale  Arbejderbeskyttelses  Konference  i 
Bern,  N.  T.  1905.  Sept.  Oct. 

2.  Den  ottende  internationale  Arbejderforsikringskongres  i  Rom.  T.  A. 
1909.  V.  4,  5. 

3.  Den  8  de  internationale  arbejderforsikringskongress  i  Rom.  N.  T. 
1909.  2. 

4.  Trap.  Cordt.  Den  internationale  Arbejderforsikringskonference  i 
Scheveningen,  1910.  T.  A.  1911.  VII.  2. 

5.  International  Kongres  til  Forebyggelse  af  Ulykkestilfaelde  under 
Arbejdet.  T.  A.  1912.  VIII.  2. 

6.  Trap.  C. — Den  7  internationale  Arbejderforsikringskonference  i  Wien. 
N.  T.  1905.  Nov.-Dec. 

PUBLISHED  IN  HOLLAND. 

1.  Erste   algemeen   vergadering  van   de   Internationale   Vereeniging  ter 

bestrijding  der  Werkloosheid.  M.  C.  B.  S.  1913.  VIII.   10. 

2.  Vooys,  J.  P.  de. — De  internationale  vereeningung  voor  wettelijke  be- 
scherming  der  arbeiders  aan  het  werk.  Overgedrukt  uit  Vragen  der 
Tijds.  Haarlem,  H.  D.  Tjeenk  Willink  &  Zoon,  1904. 

PUBLISHED  IN  FINLAND. 

1.  Snellman,  G.  R.— Ofversikt  af  Lagstiftningen  angaende  arbetareskydd 
i  Europa  farnmasta  Stater  samt  i  Australien,  Helsingfors,  1906. 

2.  Redogorelse  for  de  socialpolitiska  Kongresserna  i  Haag,  Paris  och 
Lugano.  A.  T.  Fin.  1911.  V.  1. 

3.  Den  sociala  veckan  i  Ziirich.    A.  T.  Fin.  1912.  4. 

4.  Andra  internationella  arbetarskyddskonferensen  i  Bern.  Medd.  1913. 
IV.  10;  A.  T.  Fin.  1913.  VII.  6. 

5.  Suomen  Tyovaensuojelus-ja  sosialivakuutusyhdistys.  Gent'in  tyot- 
tomyyskongressi  (Einar  Book).  Helsinki,  Helsingin  usi  Kirjapaino- 
Osakeyhtio,  1914. 

387 


INDEX 


INDEX 


{See   also    Tables   of   Contents   of  Bibliography,  p.  334,  of  Appendix 
I,  p.  174  and  of  Appendix  II,  p.  239). 


Accident  Insurance — Sec  Insurance, 

and  Treaties. 
Accident   reports — 81,  89. 
Accidents — 80. 
Adler,  Georg — 23. 
Agricultural  enterprises — 35,  115. 
Aix-Ia-Chapelle  (1818)— 11. 
Aliens-4,  42,  51,  59,  62-63,  101,  151, 

165-68. 

See  Assigns. 
American    Association     for    Labor 

Legislation — 

See  Sections,  and  United  States. 
American  Emigrant  Company — 16. 
American    Federation    of    Labor — ■ 

90-91. 
American  Labor  Legislation  Review 

—88. 
Anarchists — 16. 
Andrews,  J.  B.— 59,  87. 
Ankylostomiasis — 63. 
Anthrax — 63-64. 
Appendices  I  and  II — 169,  231. 
Arbitration— 32,  56-57,  153,  157-158. 
Arkw  right — 7. 
Army— 55,  107. 
Assigns  imder  social  insurance — 62, 

140,    146,    148-149,    152,    161-162, 

167-168. 
Assumption  of  risk — 84. 
Bank  transfers— 138,  139-140,  146. 
Baron— 18. 

Beet  sugar— 115,  116,   125,   134. 
Berlepsch— 29,  31,  37,  40. 
Bern    Conference     (1905) — 44,    46, 

112-117. 


Bern    Conference    (1906) -47,    69, 

119-130,  135. 
Bern  Conference  (1913)— 59,  61,  64, 

76,  131-136. 
Bern  Conventions — 26,  51,  52,  58,  6b, 
72-73,  92,  112-132. 
On   day-work    (tentative) — 3,   33, 

58,  59,  101,  133-136. 
On  night-work  of  women  (tenta- 
tive)—114-117,  119. 
On  night-work  of  young  persons 
(tentative)— 3,  23,  58,  59,  76-78, 
101,  132-135. 
On  use  of  phosphorus  (tentative) 
113-114,    118. 
Bern  Conventions — 
Adherents— 126-131. 
On  night-work  of  women — 3,  33, 
72,  75,  100-101,  114-117,  118,  119- 
121,  123-128,  133-136. 
On  use  of  phosphorus — 3,  51,  61, 
69,  73,  75,  118,  121-122,  129-131. 
Bibliography — 33 1 . 
Bismarck— 17,  23,  28,  31. 
Bluntschli— 14. 

Bouches-du-Rhone,  Council  of — 27. 
Braber — 14. 
Brentano — 14,   24. 
Bulletin  dc  I'Office  International  dti 

Travail— AQ. 
Bulletin  des  Internationalen  Arbcit- 

samtes — 40. 
Bulletin  of  the  International  Labor 

Office— 40,  48,  58. 
Bulletin   trimcstriel  de  I'association 
inlernationale  pour  la  lutte  centre 
Ic  clio)nage — 98,  note. 


INDEX  {Continued) 


Bureaus — See  Labor  Bureaus. 

Burma — 12. 

Caissons — 58,  59,  60. 

Cameron,  A.  C. — 16. 

Canada— 58,  130. 

Cartwright — 7. 

Cauwes — 40. 

Ceramic  industry — 58,  59,  60,  62. 

Chamberlain — 89. 

Chatelain — 11. 

Child  Labor— 13,  21,  22,  23,  26,  27, 
31,  32-33,  35,  47,  48,  58,  59,  62,  100- 
101,  131-136,  138,  141,  154-156. 
See    Italian    child    laborers,    and 
night-work  of  young  people. 

China — 12. 

Circular  Note — See  Federal  Coun- 
cil, Swiss. 

Climate— 67,  72,  120,  132. 

Cohn,  Gustave — 18,  20. 

Columbia  University — 89. 

Commercial  Treaty — See  Treaties. 

Commercial    Treaty    Concessions — 
24. 

Commission  Plan — See  Wisconsin — 
95. 

Committee  Meeting  (Basel,  1903)— 
See  Delegates'  Meetings. 

Commons,  John  R. — 87,  90. 

Compensation     Laws — See     Work- 
men's Compensation. 

Conference    of    Berlin    (1890)— 30, 
34,  35,   112. 

Conference  of  London  (1912) — 60. 

Conference  on  Weekly  Day  of  Rest 
—54-56. 

Congress  on  Accidents  to  Labor  and 
Workmen's  Insurance — 100. 

Congress  on  Cultivation  of  Rice — 
56. 

Congress  on  Home  Work— 61. 

Congress  on  Unemployment — 53-54. 

Congresses  of 
Basel  (1869)— 16. 
Berlin    (1890)— 28-30,    31-34,    35, 
112. 


(1891)— 16. 
Brussels  (1856)— 14. 
(1868)— 16. 
(1897)— 36-37. 
Dresden  (1871)— 16. 
Frankfort  (1857)— 14. 
Frankfurt-on-Main  (1882)— 20. 
Geneva  (1866)— 15. 

(1873)— 16. 
Industrial  Christian  Manufactur- 
ers (1879). 
Lausanne  (1867) — 15. 
London   (1864)— 15. 
(1871)— 16. 
(1896)— 16. 
Lyons   (1877)— 18. 
Montlucon  (1887)— 25. 
Paris  (1883)— 21. 
(1886)— 16,  24. 
(1889)— 16,  27. 
(1900)— 38-41. 
Roubaix  (1884)— 21. 
St.  Imier  (1872)— 16. 
Switzerland   (1883)— 21. 
The  Hague  (1872)— 16. 

(1889)— 27. 
Zurich   (1893)— 16. 

(1897)— 16,  35. 
See  Delegates'  Meetings. 
Constituent  Assembly  of  the  Inter- 
national Association  for  the  Legal 
Protection   of    Labor — See   Dele- 
gates' Meetings. 
Constitution  of  the  United  States — 

86-87,  93-95. 
Continuous  industries — 60,  63. 
Contributory  negligence — 85. 
Cotton  Gin — 7. 
Crompton — 7. 
Customs  Service — 55. 
Day  Work.— See  Bern  Conventions, 

and  Workday. 
Delegates'  Meetings  of  the  Interna- 
tional Labor  Association. 


392 


INDEX   (Continued) 


First  Meeting  (Basel,  1901)— 41- 

42. 
Second  Meeting   (Cologne,   1902) 

-^2-43,  137. 
Committee  Meeting  (Basel,  1903) 

—43,   (45). 
Third    Meeting    (Basel,    1904)  — 

44-46. 
Fourth  Meeting  (Geneva,  1906)  — 

47-52. 
Fifth  Meeting  (Lucerne,  1908)  — 

57-58. 
Sixth  Meeting   (Lugano,   1910)  — 

58,  59-61,  131-132. 
Seventh  Meeting  (Zurich,  1912)  — 
60,  61-64. 
Diseases,  occupational — 60,  80,  82-84, 

89. 
Divers — 60. 

Dock  workers — See  Merchant  serv- 
ice. 
Domestic  system — 8. 
Dumas,  J.  B.— 17. 
Educational     requirements — 13,     23, 

32,  154-155. 
Efficiency,  doctrine  of — 5-7. 
Ely,  Richard  T.-S7. 
Embroidery— 34,  58,  59,  63,  134. 
Employers'   liability— 42,   84-85,   93- 

94. 
Employment     bureaus — See     Labor 

Bureaus. 
Esche-Hughes  Bill— 91-92,  164-165. 
Farnam,  Henry  W. — 59,  87. 
Federal  Council,  German — 51,  147. 
Federal  Council,  Swiss — 
Notes  of  1881,  19,  66. 
1887-1889—25-27. 
1890—27. 
1892—34. 
1896-34. 
1904-44. 

1905-1906—117,  118-119,  123. 
1909—125. 
1910—125. 


1911—60-61,  131. 

1913—135. 

1914—135. 

Program  of  1889—26. 
Fellow  servant  doctrine — 84. 
Ferrosilicon — 63. 
Fitch,  John— 60. 
Franck,  Dr.— 20,  66. 
Franco-Belgian  Treaty    (1906)— 51, 

146-147. 

(1910)— 147. 
Franco-British  Convention  concern- 
ing recruitment  of  native  laborers 

in  the  New  Hebrides — 159,  note. 
Franco-British  Treaty — 151-152. 
Franco-Danish  Treaty — 157. 
Franco-Italian    Treaty    (1904)— 43, 

44,  137-142,  153-154. 
(Jan.  20,  1906)— 146. 
(June  9,  1906)— 51,  148-149. 
(June  15,  1910)— 154-156. 
(Aug.  9,  1910)— 156. 
Franco-Luxemburg  Treaty — 51,  149. 
Franco-Swiss  Treaty — 165-166. 
Frankel,  L.  K.— 59. 
Frey,  Colonel— 17-18,  19. 
Fur-cutting — 64. 
German-Austro-Hungarian     Treaty 

—143-144. 
German-Belgian  Treaty — 159-160. 
German  Catholic  Party — 21. 
German-Italian  Treaty  (1904)— 142- 

143. 

(1912)— 160-163. 
German-Luxemburg       Treaty — 145- 

146,  150. 
German-Netherlands  Treaty  (1907) 

—150-151. 
(1914)— 151. 
German-Spanish    Sailors'    Accident 

Agreement— 163-164. 
German-Swedish  Treaty — 156-157. 
"Ghent  system" — 99. 
Glarus,  Commission  of — 13-14. 
Glass  factories — 63,  133,  154-155. 


393 


INDEX  (Continued) 


Gompers,  Samuel— 90. 

Greece — 126,  127. 

Hague  Conventions — 56-57,  123. 

Hague  Tribunal — 74,  106. 

Hahn— 14. 

Hargreaves — 7. 

Hatch,  Leonard — 83. 

Hat-making —  64. 

Henrotte — 37. 

Holidays,  labor— 60,  62,  63. 

Home  work— 36,  45,  49,  58,  59,  61, 

63,  101,  102. 
Hotel  business — 49,  115. 
Hungarian-Italian  Treaty — 1 52- 1 53. 
Illumination,  factory — 79. 
India— 127-128. 
Industrial    Relations    Commission — 

97. 
Industrial  Revolution — 8. 
Industry,  national — 5-6,  21. 
Inspection — See  Labor  Inspection. 
Insurance^,  9-10,  22,  32,  44,  45-46, 
51,  59,  60,  62-63,  80,  90,  101,  102, 
139-140,  142. 
Insurance — (See  Treaties,  and  So- 
cial Insurance) 

Accident— 10,  23,  32,  42,  59,   101, 
102,  140,  149,  159.     (See  Trea- 
ties and  National  Accident  In- 
surance Acts). 
Old  Age— 32,  47,  90,  143-144,  161- 
162,     164-165.     (See     Treaties, 
and  Social  Insurance). 
Sickness— 10,  32,  47,  63,  90,   144, 
158,  161-162.     (See  Treaties,  and 
Social  Insurance). 
Unemployment- 98-99,  140. 
International  —  See     International 

Workingmen's  Association. 
International    Association    for    the 
Legal   Protection   of   Labor — See 
International  Labor  Association. 
International  Association  on  Social 
Insurance— 60,  61,  98,  100. 


International  Association  on  Unem- 
ployment—60,  61,  88,  98-100. 

American  section — 88. 

Other   sections— 98-100. 
International  congresses — See  Con- 
ferences, and  Congresses. 
International  Employment  Bureau — 

See  Labor  Bureaus. 
International  High  Commission — 64, 

note. 
International  Home  Work  Congress 
—61. 
International    Labor    Association — 

37-38,  74,  87-88,  103-104,  105,  109. 

American  Section — See  Sections. 

Bulletins — See  Bulletin. 

Bureau — 40. 

Committee — 40. 

Constitution — 40-41. 

Meetings — See    Delegates'    Meet- 
ings. 

Office— 40,  41,  42,  44. 

Permanent  Council  of  Social  Hy- 
giene— 40. 

Sections — See  Sections. 

Subventions — 40,  48. 
International     Labor     Bureau — See 

Labor  Bureaus. 
International  Labor  Law — See  Law. 
International     Night— 115-116,     120, 

132. 

See  Berne  Conventions. 
International    Workingmen's    Asso- 
ciation— 14. 
Interstate  Commerce  Commission — 

97. 
Iron  Works— 63,  133. 
Italian-American  Treaty — 164-165. 
Italian  child  laborers— 42,  141,  154- 

156. 
Italian-German   War   Arrangement 

—166-168. 
Japan— 12,  127,  131. 
Kallen,  H.  M.— 107. 
Kay— 7. 


394 


INDEX   (Continued) 


King,  Hon.  W.  L.  Mackenzie — 59. 
Labor  Bureaus — 

Employment    bureaus    in    United 

States— 90. 
International     Employment     Bu- 
reau—54,  99. 
International    Labor    Bureau — 22, 

34,  35,  37-38,  40. 
(See    International    Labor   Asso- 
ciation). 
National  Labor  Bureaus — 
Austria— 97. 
Belgium — 97. 
Canada — 98. 
Denmark— 98. 
France — 98. 
Germany — 97. 
Great  Britain — 97. 
Holland— 98. 
Italy— 97. 

Massachusetts — 96. 
New  South  Wales— 98. 
New  Zealand — 98. 
Norway — 97. 
Ontario— 98. 
Spain — 97. 
Sweden — 97. 
United  States— 97. 
Labor  congresses — See  Congresses. 
Labor  inspection — 27,  32,  33,  35,  39, 
47,  138. 

In  United  States— 81,  83-84. 
Laissez  faire — 9. 
L'Annuaire    de    la    Legislation    dti 

travail — 37. 
Lavoisier — 7. 

Law,  International— 3,  4,  105-107. 
Law,  Labor— 82-84. 
Law  proposition,   French    (1885)  — 

22. 
Law  proposition,  German   (1885)  — 

23. 
Lead— 37,  42,  43,  45,  50-51,  52-53,  58, 

60-61,  62,  79-80,  89,  101. 
League  of  Nations— 106,  107,  109. 


League  to  Enforce  Peace — 106. 
Legislative        Drafting       Research 

Fund  of  Columbia  University — 89. 
Legrand,  Daniel — 12. 
Leroy-Beaulieu — 22. 
Letters  rogatory — 150. 
Lighting,  factory— 79-80. 
List  of   industrial   poisons — 45,   51, 

58,  61. 
Lohman — 18. 
Loom — 7. 
Luzzatti — 38. 
Luxemburg-Belgian   Treaty    (1905) 

—51,  144-145. 

(1906)— 144. 
Mahaim — 40. 

Manufacturers — 4,  13,  115. 
Massachusetts  Labor  Bureau — 96. 
Matches — See      Phosphorus,      and 

Bern    Conventions,    and    Sample 

phosphorus  matches. 
Maybach — 29. 
Mercantilists — 9. 
Merchant  service — 55,  63. 
Mercurial  poisoning — 63-64. 
Mexico — 61. 
Millerand— 38. 
Mine  fatalities— 79. 
Miners'  XVII.     International  Con- 
gress— 46. 
Minimum  wage— 21,  27,  47,  90. 
Mining— 4,  31,  32,  58,  63,  115,  116, 

123-124,  133. 
Moore,  J.  B. — 57,  note. 
Morbidity  and  mortality — 63,  83. 
Mortality — See  morbidity. 
Mothers'  pensions — 90. 
Mun,  Count  Albert  de— 21. 
National  Accident  Insurance  Acts — 

51.  147-148. 

See  Social  Insurance. 
National  Labor  Bureaus — See  Labor 

Bureaus. 
Navy— 55,  106. 


395 


INDEX   (Continued) 


Necrosis — See  "phossy  jaw." 

Neill,  Charles  P.— 59. 

New  Hebrides — 159,  note. 

Newspaper  employees — 54. 

Night-rest  —  See  International 
Night,  and  Night-work. 

Night-work— 13,   15,  21,  23,  25,  26, 
39.     (See  Bern  Conventions.) 
Of  women— 3,  13,  15,  25,  26,  33, 
42-44,  47,  61,  80,   100,   114-117, 
119-121,   123-128,  136,  138. 
Of  young  persons — 3,   13,  26,  33, 
45,  49,  58,  80,  101,  127,  132-133, 
136,  138-139. 

Nyssens — 37. 

Occupational  diseases — See  Diseases. 

Old-Age  pensions — See  Insurance. 

Oliver  Thomas — 82. 

Owen,  Robert— 11-12. 

Painting — See  Lead. 

Parkinson,  I.  T.— 89. 

Parliament,  French — 21,  22. 

Peace— 52,  77,  102-106,  118,  136. 

Peace  Conference  at  The  Hague 
(1907)— 56-57. 

Permanent  Committee  on  Social  In- 
surance— See  International  Asso- 
ciation on  Social  Insurance. 

Permanent  Council  of  Social  Hy- 
giene— See  International  Labor 
Association. 

Phillippovich — 40. 

Phosphorus,  white— 3,  37,  42-44,  51, 
61,  101,  113-114,  118,  121-122,  128- 
131,  164-165. 

See  Bern  Conventions,  and  Poi- 
sons, industrial).  In  United 
States— 91-92,  165. 

"Phossy  jaw"— 74-75,  77,  79. 

Physiocrats — 9. 

Poisons,  industrial — 37,  42-45,  48, 
50-51,  52-53,  59,  60-61,  62,  63-64, 
89,  92,  101-102. 

See  Bern  Conventions,  and  Lead 
and  Phosphorus. 


Polygraphic    trades— 52-53,    58,    59, 

60,  62.     See  Lead. 
Pope  Leo  XIII.— 31. 
Portuguese  Delegation — 56. 
Post-office  employees — 54-55. 
Prize  Contest — 45,  52,  53. 
Protection,  doctrine  of — 6. 
Protective  Committees — See  Italian 

Child  Laborers. 
Quarrying — 4,  63,   123. 
Railroad  employees — 55,  60,  63,  165- 

166. 
Refund  of  insurance  premiums — 63, 

161-162. 
Reichstag — 23. 

Rescripts  of  William  IL— 28-30,  31. 
Rice — 56. 
Roebuck — 7. 
Rounds,  R.  S.— 107. 
Sailors — 4. 
Sample     phosphorus     matches — 69, 

130-131. 
Sanction— 51,    74,    96,    101,    102-106, 

109,  120,  122-124. 
Sarrien— 77,  118. 
Scherrer — 40. 
Seager,  Henry  R. — 87. 
Sections  of  International  Labor  As- 
sociation— 41-42,  47. 

Argentina  (defunct) — 87. 

Austria — 41. 

Belgium — 41. 

Denmark — 47. 

England — 47. 

Finland — 61. 

France — 41. 

Germany — 41. 

Holland-41. 

Hungary — 41. 

Italy— 41. 

Norway — 59. 

Spain — 47. 

Sweden — 59. 

Switzerland — 41. 


396 


INDEX   {Contitmcd) 


United  States-^7,  59,  62-63,  87- 
92,  96,  109. 
Shuttle  drop  box — 7. 
Sickness,  cost  of — 80. 
Sickness   Insurance — Sec   Insurance 
Smith,  Adam — 9. 
Social  Insurance — (See  Insurance). 

In  Austria — 144. 

England — 143. 

France — 143. 

Germany— 142-143,  161. 

Hungary — 144. 

Italy— 143. 

United  States— 90. 
Socialist  Democratic  Party — 18,  23. 
Socialist  Labor  Party,  Christian — 14. 
Socialists— 14,  18,  35. 
"Social  Week" — 61. 
Spinner,  mule — 7. 
Spinner,  roller — 7. 
Spinners — 14. 
Spinning  jenny — 7. 
Spitzenbergen  Convention — 159. 
Standard  Labor  Law— 88-89, 
"States  rights"— 95. 
Steam  engine — 7. 
Stein,  Lorenz  von — 18,  20. 
Strikes— 5,  20,  28,  32,  17,  118. 
Sumner,   Helen — 59. 
Sunday  rest — See  weekly  rest — 13, 

14. 
Sunday  work— 13,  80-81. 
Swedish-Danish    Sick    Funds — 158- 

159. 
Swiss-Italian  Treaty — 142. 
Switzerland— 20,  30,  34,  61. 

See  Federal  Council. 
Telegraph  service — 55. 
Telephone  service — 55. 
Tentative    Agreements    of    Bern — 
See  Bern  Conventions  (tentative). 
Toniolo— 40. 
Trade  Unions— 9,  21,  35. 
Treaties — Accident   Insurance — 166- 
168. 


Franco-Belgian    (1906)— 51,    146- 

147. 
Franco-British   (1909)— 151-152. 
Franco-Italian    (9   June,    1906)  — 

51,  148-149.    See  Franco-Italian 

Treaty  (1904)— 140. 
Franco-Luxemburg       (1906) — 51, 

149. 
German-Belgium  (1912)— 159-160. 
German-Italian  (1912)— 160. 
German-Luxemburg  (1905) — 145- 

146,  150. 
German-Netherlands         (1907) — 

150-151,  160. 
(1914)— 151. 
Hungarian-Italian       (1909)— 152- 

153. 
Luxemburg-Belgian      (1905) — 51, 

144-145. 

(1906)— 144. 
Treaties,  Arbitration— 157-158. 

See  Hague  Conventions. 
Treaties,  Commercial — 
German    -    Austro    -    Hungarian 

(1905)— 143-144. 
German-Italian  (1904)— 142-143. 
German-Swedish  (1911)— 156-157. 
Swiss-Italian   (1904)— 142. 
Treaties,  Old-age  and  Invalidity  In- 
surance— 161-162,  165-166. 
Treaties,     Workmen's     Insurance — 
156-157. 
Franco-Belgian    (1906)— 51,    146- 

147. 

(1910)— 147. 
Franco-British  (1909)— 151-152. 
Franco-Italian      (1904)— 43,      44, 

137-142. 

(9,  June,  1906)— 51,  148-149. 
Franco-Luxemburg       (1906) — 51, 

149. 
Franco-Swiss  (1913)— 165-166. 
German    -    Austro    -    Hungarian 

(1905)— 143-144. 
German-Belgian    (1912)— 159-160. 


397 


INDEX   (Continued) 


German-Italian  (1904)— 142-143. 

(1912)— 160-163. 
German-Luxemburg   (1905) — 145- 

146,   150. 
German-Netherlands         (1907)— 
150-151. 

(1914)— 151. 
German-Swedish  (1911)— 156-157. 
Hungarian-Italian       (1909)— 152- 

153. 
Luxemburg-Belgian      (1905) — 51, 
144-145. 

(1906)— 144. 
Swiss-Italian  (1904)— 142. 
Treaty  between  Italy  and  the  United 

States— 164-165. 
Treaty,  Sailors'  Accident — 163-164. 
Treaty ;     War     Arrangement — 166- 

168. 
"Trucking" — 63. 

Unemployment— 23,  53-54,  61,  88,  90. 

See  Insurance,  unemployment,  and 

International     Association     on 

Unemployment. 

United  States— 16,  35,  59,  61,  62-63, 

68,  73,  75,  79-95,  96-97,  164-165. 
Vaillant— 21,  22. 
Ventilation,  factory — 80. 
vv'a^es  boards — 63. 


Wagner,  Adolph — 14. 

War^4,  70,  74,  82,  87,  98,  101-102, 

104-106,  107,  136. 
Watt— 7. 

"Wealth  of  Nations" — 9. 
Weaving — 7,   116. 
Weber,    Adna   F.— 87. 
Weekly  rest— 13,  14,  22,  24,  25,  26, 

27,  31,  32,  33,  35,  54-56,  100,  102. 
Weyl,  Theodore — 82. 
Whitney— 7. 

William  II.  of  Germany — 28,  31. 
Willoughby,  William  F.— 87. 
Wisconsin  Commission  Plan — 90. 
Wolowski,  Louis — 17. 
Woman's    work — 22,    23,    24,31,    32, 

33,  35,  47,  58,  59,  62,  100-101,  114- 

117,  133-136,  138-139. 

See   night-work,    and  Bern   Con- 
ventions. 
Wool-combing — 116,  125. 
Woolf,  S.  W.— 103. 
Workday,  length  of— 21,  22,  23,  24, 

26,  27,  32,  35,  39,  47,  49-50,  58,  59, 

62,  72,  100-101,  102,  138-139. 

See  Bern  Convention   (tentative) 
on  day-work. 
Workmen's    Compensation    Laws — 

80,  90,  91,  94-95. 


398 


SUPPLEMENT 

The  International  Labor  Organization 
of  the  League  of  Nations 


LABOR 

in  the 
PEACE  TREATY 


Complete  Official  Text  of  Part  XIII.  of  the  Treaty  of  Peace  With 

Germany  and  the  Covenant  of  the  League  of  Nations,  Laying 
Down  General  Principles  of  Labor  Protection,  Establishing  a  Per- 
manent International  Organization  for  Promoting  World-Wide 
Adoption  of  Protective  Standards,  and  Arranging  for  the  First 
Official  Annual  International  Labor  Conference  at  Washington, 
in  October,  1919. 


PART  XIII. 

Labor 

SECTION  L 

Organization   of  Labor. 

Whereas  the  League  of  Nations  has  for  its  object  the  establish- 
ment of  universal  peace,  and  such  a  peace  can  be  established  only 
if  it  is  based  upon  social  justice; 

And  whereas  conditions  of  labor  exist  involving  such  injustice, 
hardship  and  privation  to  large  numbers  of  people  as  to  produce 
unrest  so  great  that  the  peace  and  harmony  of  the  world  are  im- 
perilled; and  an  improvement  of  those  conditions  is  urgently  re- 
quired; as,  for  example,  by  the  regulation  of  the  hours  of  work,  in- 
cluding the  establishment  of  a  maximum  working  day  and  week,  the 
regulation  of  the  labor  supply,  the  prevention  of  unemployment,  the 
provision  of  an  adequate  living  wage,  the  protection  of  the  worker 
against  sickness,  disease  and  injury  arising  out  of  his  employment, 
the  protection  of  children,  young  persons  and  women,  provision  for 
old  age  and  injury,  protection  of  the  interests  of  workers  when  em- 
ployed in  countries  other  than  their  own,  recognition  of  the  prin- 
ciple of  freedom  of  association,  the  organization  of  vocational  and 
technical  education  and  other  measures; 

401 


THE   INTERNATIONAL   PROTECTION    OF    LABOR 

Whereas  also  the  failure  of  any  nation  to  adopt  humane  condi- 
tions of  labor  is  an  obstacle  in  the  way  of  other  nations  which  desire 
to  improve  the  conditions  in  their  own  countries; 

The  High  Contracting  Parties,  moved  by  sentiments  of  justice 
and  humanity  as  well  as  by  the  desire  to  secure  the  permanent  peace 
of  the  world,  agree  to  the  following: 

CHAPTER  I. 
Organization. 

Article  387. 

A  permanent  organization  is  hereby  established  for  the  promotion 
of  the  objects  set  forth  in  the  Preamble. 

The  original  Members  of  the  League  of  Nations  shall  be  the  orig- 
inal Members  of  this  organization,  and  hereafter  membership  of  the 
League  of  Nations  shall  carry  with  it  membership  of  the  said  organ- 
ization. 

Article  388. 
The  permanent   organization  shall  consist  of: 

(1)  A  General  Conference  of  Representatives  of  the  Members, 
and, 

(2)  An  International  Labor  Office  controlled  by  the  Governing 
Body  described  in  Article  393. 

Article  389. 

The  meetings  of  the  General  Conference  of  Representatives  of 
the  Members  shall  be  held  from  time  to  time  as  occasion  may  require, 
and  at  least  once  in  every  year.  It  shall  be  composed  of  four  Repre- 
sentatves  of  each  of  the  Members  of  whom  two  shall  be  Govern- 
ment Delegates  and  the  two  others  shall  be  Delegates  representing 
respectively  the  employers  and  the  workpeople  of  each  of  the 
Members.. 

Each  Delegate  may  be  accompanied  by  advisers,  who  shall  not 
exceed  two  in  number  for  each  item  on  the  agenda  of  the  meeting. 
When  questions  specially  affecting  women  are  to  be  considered  by 
the  Conference,  at  least  one  of  the  advisers  should  be  a  woman. 

The  Members  undertake  to  nominate  non-Government  Delegates 
and  advisers  chosen  in  agreement  with  the  industrial  organizations, 
if  such  organizations  exist,  which  are  most  representative  of  em- 
ployers or  workpeople,  as  the  case  may  be,  in  their  respective  coun- 
tries. 

Advisers  shall  not  speak  except  on  a  request  madebythe  Dele- 
gate whom  they  accompany  and  by  the  special  authorization  of  the 
President   of  the   Conference,  and  may   not  vote. 

A  Delegate  may  by  notice  in  writing  addressed  to  the  President 
appoint  one  of  his  advisers  to  act  as  his  deputy,  and  the  adviser, 
while  so  acting,  shall  be  allowed  to  speak  and  vote. 

The  names  of  the  Delegates  and  their  advisers  will  be  commu- 
nicated to  the  International  Labor  Office  by  the  Government  of  each 
of  the  Members. 

The  credentials  of  Delegates  and  their  advisers  shall  be  subject 
to  scrutiny  by  the  Conference,  which  may,  by  two-thirds  of  the  votes 
cast  by  the  Delegates  present,  refuse  to  admit  any  Delegate  or  ad- 
viser whom  it  deems  not  to  have  been  nominated  in  accordance  with 
this  Article. 

402 


INTERNATIONAL    LABOR    ORGANIZATION 

Article  390. 

Every  Delegate  shall  be  entitled  to  vote  individually  on  all  mat- 
ters which  are  taken  into  consideration  by  the  Conference. 

If  one  of  the  Members  fails  to  nominate  one  of  the  non-Govern- 
ment Delegates  whom  it  is  entitled  to  nominate,  the  other  non-Gov- 
ernment Delegate  shall  be  allowed  to  sit  and  speak  at  the  Conference 
but  not  to  vote.  ' 

If  in  accordance  with  Article  389  the  Conference  refuses  admis- 
sion to  a  Delegate  of  one  of  the  Members,  the  provisions  of  the 
present  Article  shall  apply  as  if  that  Delegate  had  not  been  nom- 
inated. 

Article  391. 
The  meetings  of  the  Conference  shall  be  held  at  the  seat  of  the 
League  of  Nations,  or  at  such  other  place  as  may  be  decided  by  the 
Conference  at  a  previous  meeting  by  two-thirds  of  the  votes  cast  by 
the  Delegates  present. 

Article  392. 
The    International   Labor   Office    shall   be   established   at   the   seat 
of  the  League  of  Nations  as  part  of  the  organization  of  the  League. 

Article  393. 

The  International  Labor  Office  shall  be  under  the  control  of  a 
Governing  Body  consisting  of  twenty-four  persons,  appointed  in  ac- 
cordance with  the  following  provisions: 

The  Governing  Body  of  the  International  Labor  Office  shall  be 
constituted  as  follows: 

Twelve  persons  representing  the  Governments; 

Six  persons  elected  by  the  Delegates  to  the  Conference  repre- 
senting the  employers; 

Six  persons  elected  by  the  Delegates  to  the  Conference  repre- 
senting the  workers. 

Of  the  twelve  persons  representing  the  Governments  eight  shall 
be  nominated  by  the  !Members  which  are  of  the  chief  industrial  im- 
portance, and  four  shall  be  nominated  by  the  Members  selected  for 
the  purpose  by  the  Government  Delegates  to  the  Conference,  exclud- 
ing the  Delegates  of  the  eight   Members  mentioned  above. 

Any  question  as  to  which  are  the  Members  of  the  chief  industrial 
importance  shall  be  decided  by  the  Council  of  the  League  of  Nations. 

The  period  of  office  of  the  Members  of  the  Governing  Body 
will  be  three  years.  The  method  of  filling  vacancies  and  other  similar 
questions  may  be  determined  by  the  Governing  Body  subject  to  the 
approval  of  the  Conference. 

The  Governing  Body  shall,  from  time  to  time,  elect  one  of  its 
members  to  act  as  its  Chairman,  shall  regulate  its  own  procedure  and 
shall  fix  its  own  times  of  meeting.  A  special  mcetmg  shall  be  held 
if  a  written  request  to  that  effect  is  made  by  at  least  ten  members 
of  the  Governing  Body. 

Article  394. 
There  shall  be  a  Director  of  the  International  Labor  Office,  who 
shall  be  appointed  by  the  Governing  Body,  and,  subject  to  the  instruc- 
tions of  the  Governing  Body,  shall  be  responsible  for  the  efficient 
conduct  of  the  International  Labor  Office  and  for  such  other  duties 
as  may  be  assigned  to  him. 

403 


THE    INTERNATIONAL   PROTECTION    OF   LABOR 

The  Director  or  his  deputy  shall  attend  all  meetings  of  the  Gov- 
erning Body. 

Article  395. 

The  staff  of  the  International  Labor  Office  shall  be  appointed 
by  the  Director,  who  shall,  so  far  as  is  possible  with  due  regard  to 
the  efficiency  of  the  work  of  the  Office,  select  persons  of  different 
nationalities.    A  certain  number  of  these  persons  shall  be  women. 

Article  396. 

The  functions  of  the  International  Labor  Office  shall  include  the 
collection  and  distribution  of  information  on  all  subjects  relating 
to  the  international  adjustment  of  conditions  of  industrial  life  and 
labor,  and  particularly  the  examination  of  subjects  which  it  is  pro- 
posed to  bring  before  the  Conference  with  a  view  to  the  conclusion 
of  international  conventions,  and  the  conduct  of  such  special  investi- 
gations as   may  be  ordered   by  the  Conference. 

It  will  prepare  the  agenda  for  the  meetings  of  the  Conference. 

It  will  carry  out  the  duties  required  of  it  by  the  provisions  of  this 
Part  of  the  present  Treaty  in  connection  with  international  disputes. 

It  will  edit  and  publish  in  French  and  English,  and  in  such  other 
languages  as  the  Governing  Body  may  think  desirable,  a  periodical 
paper  dealing  with  problems  of  industry  and  employment  of  inter- 
national  interest. 

Generally,  in  addition  to  the  functions  set  out  in  this  Article,  it 
shall  have  such  other  powers  and  duties  as  may  be  assigned  to  it  by 
the  Conference. 

Article  397. 

The  Government  Departments  of  any  of  the  Members  which  deal 
with  questions  of  industry  and  employment  may  communicate  directly 
with  the  Director  through  the  Representative  of  their  Government 
on  the  Governing  Body  of  the  International  Labor  Office,  or  failing 
any  such  Representative,  through  such  other  qualified  official  as  the 
Government  may  nominate  for  the  purpose. 

Article  398. 
The  International  Labor  Office  shall  be  entitled  to  the  assistance 
of  the  Secretary-General  of  the  League  of  Nations  in  any  matter  in 
which  it  can  be  given. 

Article  399. 
Each  of  the  Members  will  pay  the  travelling  and  subsistence  ex- 
penses of  its  Delegates  and  their  advisers  and  of  its  Representatives 
attending  the  meetings  of  the  Conference  or  Governing  Body,  as  the 
case  may  be. 

All  the  other  expenses  of  the  International  Labor  Office  and  of 
the  meetings  of  the  Conference  or  Governing  Body  shall  be  paid  to 
the  Director  by  the  Secretary-General  of  the  League  of  Nations  out 
of  the  general  funds  of  the  League. 

The  Director  shall  be  responsible  to  the  Secretary-General  of  the 
League  for  the  proper  expenditure  of  all  moneys  paid  to  him  in  pur- 
suance of  this  Article. 

404 


INTERNATIONAL    LABOR    ORGANIZATION 
CHAPTER  II. 

Procedure. 

Article  400. 
The  agenda  for  all  meetings  of  the  Conference  will  be  settled  by 
the  Governing  Body,  who  shall  consider  any  suggestion  as  to  the 
agenda  that  may  be  made  by  the  Government  of  any  of  the  Members 
or  by  any  representative  organisation  recognized  for  the  purpose  of 
Article  389. 

Article  401. 
The  Director  shall   act  as   the  Secretary   of  the  Conference,  and 
shall  transmit  the  agenda  so  as  to  reach  the  Members  four  months 
before  the  meeting  of  the  Conference,  and,  through  them,  the  non- 
Government  Delegates  when  appointed. 

Article  402. 

Any  of  the  Governments  of  the  Members  may  formally  object 
to  the  inclusion  of  any  item  or  items  in  the  agenda.  The  grounds 
for  such  objection  shall  be  set  forth  in  a  reasoned  statement  ad- 
dressed to  the  Director,  who  shall  circulate  it  to  all  the  Members  of 
the  Permanent  Organisation. 

Items  to  which  such  objection  has  been  made  shall  not,  however, 
be  excluded  from  the  agenda,  if  at  the  Conference  a  majority  of 
two-thirds  of  the  votes  cast  by  the  Delegates  present  is  in  favour  of 
considering  them. 

If  the  Conference  decides  (otherwise  than  under  the  preceding 
paragraph)  by  two-thirds  of  the  votes  cast  by  the  Delegates  present 
that  any  subject  shall  be  considered  by  the  Conference,  that  subject 
shall  be  included  in  the  agenda  for  the  following  meeting. 

Article  403. 

The  Conference  shall  regulate  its  own  procedure,  shall  elect  its 
own  President,  and  may  appoint  committees  to  consider  and  report 
on  any  matter. 

Except  as  otherwise  expressly  provided  in  this  Part  of  the  present 
Treaty,  all  matters  shall  be  decided  by  a  simple  majority  of  the  votes 
cast  by  the  Delegates  present. 

The  voting  is  void  unless  the  total  number  of  votes  cast  is  equal 
to  half  the  number  of  the  Delegates  attending  the  Conference. 

Article  404. 
The   Conference   may   add   to   any   committees   which   it   appoints 
technical  experts,  who  shall  be  assessors  without  power  to  vote. 

Article  405. 
When  the  Conference  has  decided  on  the  adoption  of  proposals 
with  regard  to  an  item  in  the  agenda,  it  will  rest  with  the  Conference 
to  determine  whether  these  proposals  should  take  the  form  (a)  of  a 
recommendation  to  be  submitted  to  the  Members  for  consideration 
vj'xXh  a  view  to  effect  being  given  to  it  by  national  legislation  or  other- 
wise, or  (b)  of  a  draft  international  convention  for  ratification  by 
the  Members. 

405 


THE   INTERNATIONAL   PROTECTION    OF   LABOR 

In  either  case  a  majority  of  two-thirds  of  the  votes  cast  by  the 
Delegates  present  shall  be  necessary  on  the  final  vote  for  the  adop- 
tion of  the  recommendation  or  draft  convention,  as  the  case  may  be, 
by  the  Conference. 

In  framing  any  recommendation  or  draft  convention  of  general 
application  the  Conference  shall  have  due  regard  to  those  countries 
in  which  climatic  conditions,  the  imperfect  development  of  industrial 
organisation  or  other  special  circumstances  makes  the  industrial  con- 
ditions substantially  different  and  shall  suggest  the  modifications,  if 
any,  which  it  considers  may  be  required  to  meet  the  case  of  such 
countries. 

A  copy  of  the  recommendation  or  draft  convention  shall  be  au- 
thenticated by  the  signature  of  the  President  of  the  Conference  and 
of  the  Director  and  shall  be  deposited  with  the  Secretary-General 
of  the  League  of  Nations.  The  Secretary-General  will  communicate 
a  certified  copy  of  the  recommendation  or  draft  convention  to  each 
of  the  Members. 

Each  of  the  Members  undertakes  that  it  will,  within  the  period 
of  one  year  at  most  from  the  closing  of  the  session  of  the  Confer- 
ence, or  if  it  is  impossible  owing  to  exceptional  circumstances  to  do 
so  within  the  period  of  one  year,  then  at  the  earliest  practicable 
moment  and  in  no  case  later  than  eighteen  months  from  the  closing 
of  the  session  of  the  Conference,  bring  the  recommendation  or  draft 
convention  before  the  authority  or  authorities  within  whose  compe- 
tence the  matter  lies,  for  the  enactment  of  legislation  or  other  action. 

In  the  case  of  a  recommendation,  the  Members  will  inform  the 
Secretary-General   of  the  action   taken. 

In  the  case  of  a  draft  convention,  the  Member  will,  if  it  obtains 
the  consent  of  the  authority  or  authorities  within  whose  competence 
the  matter  lies,  communicate  the  formal  ratification  of  the  conven- 
tion to  the  Secretary-General  and  will  take  such  action  as  may  be 
necessary  to  make  effective  the  provisions  of  such  convention. 

If  on  a  recommendation  no  legislative  or  other  action  is  taken  to 
make  a  recommendation  effective,  or  if  the  draft  convention  fails 
to  obtain  the  consent  of  the  authority  or  authorities  within  whose 
competence  the  matter  lies,  no  further  obligation  shall  rest  upon  the 
Member. 

In  the  case  of  a  federal  State,  the  power  of  which  to  enter  into 
conventions  on  labor  matters  is  subject  to  limitations,  it  shall  be  in 
the  discretion  of  that  Government  to  treat  a  draft  convention  to 
which  such  limitations  apply  as  a  recommendation  only,  and  the 
provisions  of  this  Article  with  respect  to  recommendations  shall 
apply  in  such  case. 

The  above  Article  shall  be  interpreted  in  accordance  with  the 
following  principle: 

In  no  case  shall  any  Member  be  asked  or  required,  as  a  result  of 
the  adoption  of  any  recommendation  or  draft  convention  by  the  Con^ 
ference,  to  lessen  the  protection  afforded  by  its  existing  legislation 
to  the  workers  concerned. 

Article  406. 

Any  convention  so  ratified  shall  be  registered  by  the  Secretary- 
General  of  the  League  of  Nations,  but  shall  only  be  binding  upon 
the   Members   which   ratify   it. 

406 


INTERNATIONAL   LABOR    ORGANIZATION 

Article  407. 

If  any  convention  comini;  before  the  Conference  for  final  con- 
sideration fails  to  secure  the  support  of  two-thirds  of  the  votes  cast 
by  tlic  Dele,i;atcs  present,  it  shall  nevertheless  be  within  the  right  of 
any  of  the  Members  of  the  rernianent  Organisation  to  agree  to  such 
convention  among  themselves. 

Any  convention  so  agreed  to  shall  be  communicated  by  the  Gov- 
ernments concerned  to  the  Secretary-General  of  the  League  of  Na- 
tions, who  shall  register  it. 

Article  408. 
Each  of  the  Members  agrees  to  make  an  annual  report  to  the 
International  Labor  Office  on  the  measures  which  it  has  taken  to 
give  effect  to  the  provisions  of  conventions  to  which  it  is  a  party. 
These  reports  shall  be  made  in  such  form  and  shall  contain  such 
particulars  as  the  Governing  Body  may  request.  The  Director  shall 
lay  a  summary  of  these  reports  before  the  next  meeting  of  the  Con- 
ference. 

Article  409. 
In  the  event  of  any  representation  being  made  to  the  Inter- 
national Labor  Office  by  an  industrial  association  of  employers  or 
of  workers  that  any  of  the  Members  has  failed  to  secure  in  any 
respect  the  effective  observance  within  its  jurisdiction  of  any  con- 
vention to  which  it  is  a  party,  the  Governing  Body  may  communi- 
cate this  representation  to  the  Government  against  which  it  is  made 
and  may  invite  that  Government  to  make  such  statement  on  the  sub- 
ject as  it  may  think  fit. 

Article  410. 
If  no  statement  is  received  within  a  reasonable  time  from  the 
Government  in  question,  or  if  the  statement  when  received  is  not 
deemed  to  be  satisfactory  by  the  Governing  Body,  the  latter  shall 
have  the  right  to  publish  the  representation  and  the  statement,  if 
any,  made  in  reply  to  it. 

Article  411. 

Any  of  the  Members  shall  have  the  right  to  file  a  complaint  with 
the  International  Labor  Office  if  it  is  not  satisfied  that  any  other 
Member  is  securing  the  effective  observance  of  any  convention  which 
both  have  ratified  in  accordance  with  the  foregoing  Articles. 

The  Governing  Body  may,  if  it  thinks  fit,  before  referring  such 
a  complaint  to  a  Commission  of  Enquiry,  as  hereinafter  provided 
for,  communicate  with  the  Government  in  question  in  the  manner 
described  in  Article  409. 

If  the  Governing  Body  does  not  think  it  necessary  to  communi- 
cate the  complaint  to  the  Government  in  question,  or  if,  when  they 
have  made  such  communication,  no  statement  in  reply  has  been  re- 
ceived within  a  reasonable  time  which  the  Governing  Body  considers 
to  be  satisfactory,  the  Governing  Body  may  apply  for  the  appointment 
of  a  Commission  of  Enquiry  to  consider  the  complaint  and  to  report 
thereon. 

The  Governing  Body  may  adopt  the  same  procedure  either  of  its 
own  motion  or  on  receipt  of  a  complaint  from  a  Delegate  to  the 
Conference. 

407 


THE    INTERNATIONAL    PROTECTION    OF   LABOR 

When  any  matter  arising  out  of  Articles  410  or  411  is  being  con- 
sidered by  the  Governing  Body,  the  Government  in  question  shall, 
if  not  already  represented  thereon,  be  entitled  to  send  a  representa- 
tive to  take  part  in  the  proceedings  of  the  Governing  Body  while  the 
matter  is  under  consideration.  Adequate  notice  of  the  date  on  which 
the  matter  will  be  considered  shall  be  given  to  the  Government  in 
question. 

Article  412. 

The  Commission  of  Enquiry  shall  be  constituted  in  accordance 
with  the  following  provisions: 

Each  of  the  Members  agrees  to  nominate  within  six  months  of 
the  date  on  which  the  present  Treaty  comes  into  force  three  persons 
of  industrial  experience,  of  whom  one  shall  be  a  representative  of 
employers,  one  a  representative  of  workers,  and  one  a  person  of 
independent  standing,  who  shall  together  form  a  panel  from  which 
the  Members  of  the  Commission  of  Enquiry  shall  be  drawn. 

The  qualifications  of  the  persons  so  nominated  shall  be  subject  to 
scrutiny  by  the  Governing  Body,  which  may  by  two-thirds  of  the 
votes  cast  by  the  representatives  present  refuse  to  accept  the  nomi- 
nation of  any  person  whose  qualifications  do  not  in  its  opinion  comply 
with  the  requirements  of  the  present  Article. 

Upon  the  application  of  the  Governing  Body,  the  Secretary-Gen- 
eral of  the  League  of  Nations  shall  nominate  three  persons,  one 
from  each  section  of  this  panel,  to  constitute  the  Commission  of 
Enquiry,  and  shall  designate  one  of  them  as  the  President  of  the 
Commission.  None  of  these  three  persons  shall  be  a  person  nomi- 
nated to  the  panel  by  any  Member  directly  concerned  in  the  com- 
plaint. 

Article  413. 
The  Members  agree  that,  in  the  event  of  the  reference  of  a  com- 
plaint to  a  Commission  of  Enquiry  under  Article  411,  they  will  each, 
whether  directly  concerned  in  the  complaint  or  not,  place  at  the  dis- 
posal of  the  Commission  all  the  information  in  their  possession  which 
laears  upon  the  subject-matter  of  the  complaint. 

Article  414. 

When  the  Commission  of  Enquiry  has  fully  considered  the  com- 
plaint, it  shall  prepare  a  report  embodying  its  findings  on  all  questions 
of  fact  relevant  to  determining  the  issue  between  the  parties  and 
containing  such  recommendations  as  it  may  think  proper  as  to  the 
steps  which  should  be  taken  to  meet  the  complaint  and  the  time 
within  which   they  should  be  taken. 

It  shall  also  indicate  in  this  report  the  measures,  if  any,  of  an 
economic  character  against  a  defaulting  Government  which  it  con- 
siders to  be  appropriate,  and  which  it  considers  other  Governments 
would  be  justified  in  adopting. 

Article  415. 

The  Secretary-General  of  the  League  of  Nations  shall  communi- 
cate the  report  of  the  Commission  of  Enquiry  to  each  of  the  Govern- 
ments concerned  in  the  complaint,  and  shall  cause  it  to  be  published. 

Each  of  these  Governments  shall  within  one  month  inform  the 
Secretary-General  of  the  League  of  Nations  whether  or  not  it  ac- 
cepts the  recommendations  contained  in  the  report  of  the  Comrnis- 

408 


INTERNATIONAL    LABOR    ORGANIZATION 

sion;   and   if  not,   whether   it   proposes   to   refer  the  complaint   to   the 
Permanent  Court  of  International  Justice  of  the  League  of  Nations. 

Article  416. 
In  the  event  of  any  Member  failing  to   take  the  action   required 
by  Article  405,  with   regard  to  a  recommendation  or  draft  Conven- 
tion, any  other  Member  shall  be  entitled  to  refer  the  matter  to  the 
Permanent  Court  of  International  Justice. 

Article  417. 
The  decision  of  the  Permanent  Court  of  International  Justice  in 
regard  to  a  complaint  or  matter  which  has  been  referred  to  it  in  pur- 
suance of  Article  415  or  Article  416  shall  be  final. 

Article  418. 
The  Permanent  Court  of  International  Justice  may  affirm,  vary 
or  reverse  any  of  the  findings  or  recommendations  of  the  Commis- 
sion of  Enquiry,  if  any,  and  shall  in  its  decision  indicate  the  meas- 
ures, if  any,  of  an  economic  character  which  it  considers  to  be  appro- 
priate, and  which  other  Governments  would  be  justified  in  adopting 
against  a  defaulting   Government. 

Article  419. 
In  the  event  of  any  Member  failing  to  carry  out  w-ithin  the  time 
specified  the  recommendations,  if  any,  contained  in  the  report  of  the 
Commission  of  Enquiry,  or  in  the  decision  of  the  Permanent  Court 
of  International  Justice,  as  the  case  may  be,  any  other  ^Member  may 
take  against  that  Member  the  measures  of  an  economic  character 
indicated  in  the  report  of  the  Commission  or  in  the  decision  of  the 
Court  as  appropriate  to  the  case. 

Article  420. 
The  defaulting  Government  may  at  any  time  inform  the  Govern- 
ing Body  that  it  has  taken  the  steps  necessary  to  comply  with  the 
recommendations  of  the  Commission  of  Enquiry  or  with  those  in  the 
decision  of  the  Permanent  Court  of  International  Justice,  as  the 
case  may  be,  and  may  request  it  to  apply  to  the  Secretary-General 
of  the  League  to  constitute  a  Commission  of  Enquiry  to  verify  its 
contention.  In  this  case  the  provisions  of  Articles  412,  413,  414, 
415,  417  and  418  shall  apply,  and  if  the  report  of  the  Commission 
of  Enquiry  or  the  decision  of  the  Permanent  Court  of  International 
Justice  is  in  favour  of  the  defaulting  Government,  the  other  Govern- 
ments shall  forthwith  discontinue  the  measures  of  an  economic  char- 
acter that  they  have  taken  against  the  defaulting  Government. 

CHAPTER  III. 

General. 

Article  421. 

The  Members  engage  to  apply  conventions  which  they  have  rati- 
fied in  accordance  with  the  provisions  of  this  Part  of  the  present 
Treaty  to  their  colonies,  protectorates  and  possessions  which  are  not 
fully  self-governing. 

(1)  Except  where  owing  to  the  local  conditions  the  convention 
is  inapplicable,  or 

409 


Tim    INTERNATIONAL   PROTECTION    OF    LABOR 

(2)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
the   convention   to    local   conditions. 

And  each  of  the  Members  shall  notify  to  the  International  Labor 
Office  the  action  taken  in  respect  of  each  of  its  colonies,  protectorates 
and  possessions  which  are  not  fully  self-governing. 

Article  422. 

Amendments  to  this  Part  of  the  present  Treaty  v^^hich  are  adopted 
by  the  Conference  by  a  majority  of  tw^o-thirds  of  the  votes  cast  by 
the  Delegates  present  shall  take  effect  when  ratified  by  the  States 
whose  representatives  compose  the  Council  of  the  League  of  Nations 
and   by   three-fourths   of  the   Members. 

Article  423. 

Any  questions  or  dispute  relating  to  the  interpretation  of  this 
Part  of  the  present  Treaty  or  of  any  subsequent  convention  concluded 
by  the  Members  in  pursuance  of  the  provisions  of  this  Part  of  the 
present  Treaty  shall  be  referred  for  decision  to  the  Permanent  Court 
of  International  Justice. 


CHAPTER  IV. 
Transitory  Provisions. 

Article  424. 

The  first  meeting  of  the  Conference  shall  take  place  in  October, 
1919.  The  place  and  agenda  for  this  meeting  shall  be  as  specified 
in  the  Annex  hereto. 

Arrangements  for  the  convening  and  the  organisation  of  the  first 
meeting  of  the  Conference  will  be  made  by  the  Government  desig- 
nated for  the  purpose  in  the  said  Annex.  That  Government  shall  be 
assisted  in  the  preparation  of  the  documents  for  submission  to  the 
Conference  by  an  International  Committee  constituted  as  provided 
in  the  said  Annex. 

The  expenses  of  the  first  meeting  and  of  all  subsequent  meetings 
held  before  the  League  of  Nations  has  been  able  to  establish  a  gen- 
eral fund,  other  than  the  expenses  of  Delegates  and  their  advisers, 
will  be  borne  by  the  Members  in  accordance  with  the  apportionment 
of  the  expenses  of  the  International  Bureau  of  the  Universal  Postal 
Union. 

Article  425. 

Until  the  League  of  Nations  has  been  constituted  all  communica- 
tions which  under  the  provisions  of  the  foregoing  Articles  should  be 
addressed  to  the  Secretary-General  of  the  League  will  be  preserved 
by  the  Director  of  the  International  Labor  Office,  who  will  transmit 
them  to  the  Secretary-General  of  the  League. 

Article  426. 

Pending  the  creation  of  a  Permanent  Court  of  International  Jus- 
tice disputes  which  in  accordance  with  this  Part  of  the  Present 
Treaty  would  be  submitted  to  it  for  decision  will  be  referred  to  a 
tribunal  of  three  persons  appointed  by  the  Council  of  the  League  of 
Nations. 

410 


INTERNATIONAL   LABOR    ORGANIZATION 

ANNEX. 

First  Meeting  of  Annual  Labor  Conference,  1919. 

The  place   of  meeting  will   be  W'ashinglon. 

The  Government  of  the  United  States  of  America  is  requested 
to  convene  the  Conference. 

The  International  Organising  Committee  will  consist  of  seven 
Members,  appointed  by  the  United  States  of  America,  Great  Britain, 
France,  Italy,  Japan,  Belgium  and  Switzerland.  The  Committee  may, 
if  it  thinks  necessary,  invite  other  Members  to  appoint  representatives. 

Agenda: 

(1)  Application  of  principle  of  the  8-hours  day  or  of  the  48-hours 
week. 

(2)  Question  of  preventing  or  providing  against  unemployment. 

(3)  Women's   employment: 

(a)  Before  and   after   child-birth,  including   the   question 

of  maternity  benefit; 

(b)  During  the  night; 

(c)  In  unhealthy  processes. 

(4)  Emploj'^ment  of  children: 

(a)  Minimum  age  of  employment; 

(b)  During  the  night; 

(c)  In  unhealthy  processes. 

(5)  Extension  and  application  of  the  International  Conventions 
adopted  at  Berne  in  1906  on  the  prohibition  of  night  work  for  womer 
employed  in  industry  and  the  prohibition  of  the  use  of  white  phos- 
phorus   in    the   manufacture   of   matches. 

SECTION  II. 
General  Principles. 

Article  427. 

The  High  Contracting  Parties,  recognising  that  the  well-being, 
physical,  moral  and  intellectual,  of  industrial  wage-earners  is  of  su- 
preme international  importance,  have  framed,  in  order  to  further  this 
great  end,  the  permanent  machinery  provided  for  in  Section  I  and 
associated  with  that  of  the  League  of  Nations. 

They  recognise  that  differences  of  climate,  habits  and  customs, 
of  economic  opportunity  and  industrial  tradition,  make  strict  uni- 
formity in  the  conditions  of  labor  difficult  of  immediate  attainment. 
But  holding  as  they  do,  that  labor  should  not  be  regarded  merely  as 
an  article  of  commerce,  they  think  that  there  are  methods  and  prin- 
ciples for  regulating  labor  conditions  which  all  industrial  communi- 
ties should  endeavour  to  apply,,  so  far  as  their  special  circumstances 
will  permit. 

Among  these  methods  and  principles,  the  following  seem  to  the 
High  Contracting  Parties  to  be  of  special  and  urgent  importance: 

First. — The  guiding  principle  above  enunciated  that  labor  should 

not  be  regarded  merely  as  a  commodity  or  article  of  commerce. 
Second. — The  right  of  association  for  all  lawful  purposes  by  the 

employed  as  well  as  by  the  employers. 
Third. — The   payment   to    the   employed   of  a   wage   adequate   to 

maintain  a  reasonable  standard  of  life  as  this  is  understood  in 

their  time  and  country. 

411 


THE   INTERNATIONAL   PROTECTION   OF  LABOR 

Fourth. — The  adoption  of  an  eight-hours  day  or  a  forty-eight-hours 
week  as  the  standard  to  be  aimed  at  where  it  has  not  already 
been  attained. 

Fifth. — The  adoption  of  a  weekly  rest  of  at  least  twenty-four 
hours,  which  should  include  Sunday  wherever  practicable. 

Sixth.-— The  abolition  of  child  labor  and  the  imposition  of  such 
limitations  on  the  labor  of  young  persons  as  shall  permit  the 
continuation  of  their  education  and  assure  their  proper  physical 
development. 

Seventh. — The  principle  that  men  and  women  should  receive  equal 
remuneration  for  work  of  equal  value. 

Eighth. — The  standard  set  by  law  in  each  country  with  respect 
to  the  conditions  of  labor  should  have  due  regard  to  the  equit- 
able economic  treatment  of  all  workers  lawfully  resident  therein. 

Ninth. — Each  State  should  make  provision  for  a  system  of  in- 
spection in  which  women  should  take  part,  in  order  to  insure 
the  enforcement  of  the  laws  and  regulations  for  the  protection 
of  the  employed. 

Without  claiming  that  these  methods  and  principles  are  either 
complete  or  final,  the  High  Contracting  Parties  are  of  opinion  that 
they  are  well  fitted  to  guide  the  policy  of  the  League  of  Nations;  and 
that,  if  adopted  by  the  industrial  communities  who  are  members  of 
the  League,  and  safeguarded  in  practice  by  an  adequate  system  of 
such  inspection,  they  will  confer  lasting  benefits  upon  the  wage- 
earners  of  the  world. 


Draft  Conventions   and  Recommendations 
Adopted  by 

THE  INTERNATIONAL  LABOR  CONFERENCE 
OF  THE  LEAGUE  OF  NATIONS 

Washington,  D.  C,  October  29-November  29,  1919. 
I. 

Draft  Convention  Limiting  the  Hours  of  Work  in  Industrial  Under- 
takings to  Eight  in  the  Day  and  Forty-eight  in  the  Week. 
The  General  Conference  of  the  International  Labor  Organization 
of  the  League  of  Nations, 

Having  been  convened  at  Washington  by  the  Government  of 
the  United  States  of  America,  on  the  29th  day  of  October,  1919,  and 
Having  decided  upon  the  adoption  of  certain  proposals  with 
regard  to  the  "application  of  principle  of  the  8-hours  day  or  the 
48-hours  week,"  which  is  the  first  item  in  the  agenda  for  the 
Washington  meeting  of  the  Conference,  and 

Having  determined  that  these  proposals  shall  take  the  form  of  a 
draft  international  convention. 

Adopts  the  following  Draft  Convention  for  ratification  by  the 
Members  of  the  International  Labor  Organisation,  in  accordance 
with  the  Labor  Part  of  the  Treaty  of  Versailles  of  28  June,  1919, 
and  of  the  Treaty  of  St.  Germain  of  10  September,  1919: 

Article  1. 
For  the  purpose  of  this  Convention,  the  term  "industrial  undertak- 
ing" includes  particularly: 

412 


INTERNATIONAL   LABOR    ORGANIZATION 

(a)  Mines,  quarries,  and  other  works  for  the  extraction  of  min- 
erals from  the  earth. 

(b)  Industries  in  which  articles  arc  manufactured,  altered,  cleaned, 
repaired,  ornamented,  finished,  adapted  for  sale,  broken  up  or  demol- 
ished, or  in  which  materials  are  transformed;  including  shipbuilding 
and  the  generation,  transformation,  and  transmission  of  electricity 
or  motive  power  of  any  kind. 

(c)  Construction,  reconstruction,  maintenance,  repair,  alteration, 
or  demolition  of  any  building,  railway,  tramway,  harbor,  dock,  pier, 
canal,  inland  waterway,  road,  tunnel,  bridge,  viaduct,  scwcr,  drain, 
well,  telegraphic  or  telephonic  installation,  electrical  undertaking, 
gas  work,  waterwork  or  other  work  of  construction,  as  well  as  the 
preparation  for  or  laying  the  foundations  of  any  such  work  or  struc- 
ture. 

(d)  Transport  of  passengers,  or  goods,  by  road,  rail,  sea  or  inland 
waterway,  including  the  handling  of  goods  at  docks,  quays,  wharves 
or  warehouses,  but  excluding  transport  by  hand. 

The  provisions  relative  to  transport  by  sea  and  on  inland  water- 
ways shall  be  determined  by  a  special  conference  dealing  with  em- 
ployment at  sea  and  on  inland  waterways. 

The  competent  authority  in  each  country  shall  define  the  line  of 
division  which  separates  industry  from  commerce  and  agriculture. 

Article  2. 
The  working  hours  of  persons  employed  in  any  public  or  private 
industrial  undertaking  or  in  any  branch  thereof,  other  than  an  under- 
taking in  which  only  members  of  the  same  family  are  employed,  shall 
not  exceed  eight  (8)  in  the  day  and  forty-eight  (48)  in  the  week,  with 
the  exceptions  hereinafter  provided  for. 

(a)  The  provisions  of  this  Convention  shall  not  apply  to  persons 
holding  positions  of  supervision  or  management  nor  to  persons  em- 
ployed in  a  confidential  capacity. 

(b)  Where  by  law,  custom,  or  agreement  between  employers'  and 
workers*  organizations,  or  where  no  such  organizations  exist  between 
employers'  and  workers'  representatives,  the  hours  of  work  on  one 
or  more  days  of  the  week  are  less  than  eight  (8),  the  limit  of  eight 
(8)  hours  may  be  exceeded  on  the  remaining  days  of  the  week  by  the 
sanction  of  the  competent  public  authority,  or  by  agreement  between 
such  organizations  or  representatives;  provided,  however,  that  in  no 
case  under  the  provisions  of  this  paragraph  shall  the  daily  limit  of 
eight   (8)  hours  be  exceeded  by  more  than  one  hour. 

(c)  Where  persons  are  employed  in  shifts  it  shall  be  permissible 
to  employ  persons  in  excess  of  eight  (8)  hours  in  any  one  day  and 
forty-eight  (48)  hours  in  any  one  week,  if  the  average  number  of 
hours  over  a  period  of  three  weeks  or  less  does  not  exceed  eight  (8) 
per  day  and  forty-eight  (48)  per  week. 

Article  3. 
The  limit  of  hours  of  work  prescribed  in  Article  2  may  b'ff  ex- 
ceeded in  case  of  accident,  actual  or  threatened,  or  in  case  of  urgent 
work  to  be  done  to  machinery  or  plant,  or  in  case  of_"force  majeure," 
but  only  so  far  as  may  be  necessary  to  avoid  serious  interference 
with  the  ordinary  working  of  the  undertaking. 

Article  4. 
The  limit  of  hours  of  work  prescribed  in  Article  2  may  also  be  ex- 
ceeded in  those  processes  which  are  required  by  reason  of  the  nature 

413 


THE   INTERNATIONAL   PROTECTION    OF   LABOR 

of  the  process  to  be  carried  on  continuously  by  a  succession  of  shifts, 
subject  to  the  condition  that  the  working  hours  shall  not  exceed 
fifty-six  in  the  week  on  the  average.  Such  regulation  of  the  hours  of 
work  shall  in  no  case  affect  any  rest  days  which  may  be  secured  by 
the  national  law  to  the  workers  in  such  processes  in  compensation  for 
the  weekly  rest  day. 

Article  5. 
In  exceptional  cases  where  it  is  recognized  that  the  provisions 
of  Article  2  can  not  be  applied,  but  only  in  such  cases,  agreements 
between  workers'  and  employers'  organizations  concerning  the  daily 
limit  of  work  over  a  longer  period  of  time,  may  be  given  the  force 
of  regulations,  if  the  Government,  to  which  these  agreements  shall 
be  submitted,  so  decides.  The  average  number  of  hours  worked  per 
week,  over  the  number  of  weeks  covered  by  any  such  agreement, 
shall  not  exceed  forty-eight. 

Article  6. 
Regulations  made  by  public  authority  shall  determine  for  industrial 
undertakings: 

(a)  The  permanent  exceptions  that  may  be  allowed  in  preparatory 
or  complementary  work  which  must  necessarily  be  carried  on  outside 
the  limits  laid  down  for  the  general  working  of  an  establishment,  or 
for  certain  classes  of  workers  whose  work  is  essentially  intermittent. 

(b)  The  temporary  exceptions  that  may  be  allowed,  so  that  estab- 
lishments may  deal  with  exceptional  cases  of  pressure  of  work. 

These  regulations  shall  be  made  only  after  consultation  with  the 
organizations  of  employers  and  workers  concerned,  if  any  such  or- 
ganizations exist.  These  regulations  shall  fix  the  maximum^  of  addi- 
tional hours  in  each  instance,  and  the  rate  of  pay  for  overtime  shall 
not  be  less  than  one  and  one-quarter  times  the  regular  rate. 

Article  7. 
Each  Government  shall  communicate  to  the  International  Labor 
Office: 

(a)  A  list  of  the  processes  which  are  classed  as  being  necessarily 
continuous  in  character  under  Article  4; 

(b)  Full  information  as  to  working  of  the  agreements  mentioned 
in  Article  5,  and 

(c)  Full  information  concerning  the  regulations  made  under  Ar- 
ticle 6  and  their  application. 

The  International  Labor  Office  shall  make  an  annual  report  thereon 
to  the  General  Conference  of  the  International  Labor  Organization. 

Article  8. 

In  order  to  facilitate  the  enforcement  of  the  provisions  of  this 
Convention,  every  employer  shall  be  required: 

(a)  To  notify  by  means  of  the  posting  of  notices  in  conspicuous 
places  in  the  works  or  other  suitable  place,  or  by  such  other  method 
as  may  be  approved  by  the  Government,  the  hours  at  which  work 
begins  and  ends,  and  where  work  is  carried  on  by  shifts  the  hours 
at  which  each  shift  begins  and  ends.  These  hours  shall  be  so  fixed 
that  the  duration  of  the  work  shall  not  exceed  the  limits  prescribed 
by  this  Convention,  and  when  so  notified  they  shall  not  be  changed 
except  with  such  notice  and  in  such  manner  as  may  be  approved  by 
the  Government. 

414 


INTERNATIONAL    LABOR    ORGANIZATION 

(b)  To  notify  in  the  same  way  such  rest  intervals  accorded  during 
the  period  of  work  as  are  not  reckoned  as  part  of  the  working  hours. 

(c)  To  keep  a  record  in  the  form  prescribed  by  law  or  rcpulation 
in  each  country  of  all  additional  hours  worked  in  pursuance  of  Articles 
3  and  6  of  this  Convention. 

It  shall  be  made  an  ofTense  against  the  law  to  employ  any  person 
outside  the  hours  fixed  in  accordance  with  paragraph  (a),  or  during 
the  intervals  fixed  in  accordance  with  paragraph  (b). 

Article  9. 
In    the    application    of    this    Convention    to    Japan    the    following 
modifications  and  conditions  shall  obtain: 

(a)  The  term  "industrial  undertaking"  includes  particularly — 

The  undertakings  eimmerated  in  paragraph  (a)  of  Article  1; 

The  undertakings  enumerated  in  paragraph  (b)  of  Article  1, 
provided  there  are  at  least  ten  workers  employed; 

The  undertakings  enumerated  in  paragraph  (c)  of  Article  1, 
in  so  far  as  these  undertakings  shall  be  defined  as  "fac- 
tories" by  the  competent  authority; 

The  undertakings  enumerated  in  paragraph  (d)  of  Article  1, 
except  transport  of  passengers  or  goods  by  road,  handlinR 
of  goods  at  docks,  quays,  wharves,  and  warehouses,  and 
transport  by  hand,  and, 

Regardless  of  the  number  of  persons  employed,  such  of 
the  undertakings  enumerated  in  paragraphs  (b)  and  (c) 
of  Article  1  as  may  be  declared  by  the  competent  author- 
ity either  to  be  highly  dangerous  or  to  involve  unhealthy 
processes. 

(b)  The  actual  working  hours  of  persons  of  fifteen  years  of  age 
or  over  in  any  public  or  private  industrial  undertaking,  or  in  any 
branch  thereof,  shall  not  exceed  fifty-seven  in  the  week,  except  that 
in  the  raw-silk  industry  the  limit  may  be  sixty  hours   in  the   week. 

(c)  The  actual  working  hours  of  persons  under  fifteen  years  of 
age  in  any  public  or  private  industrial  undertaking,  or  in  any  branch 
thereof,  and  of  all  miners  of  whatever  age  engaged  in  underground 
work  in  the  mines,  shall  in  no  case  exceed  forty-eight  in  the  week. 

(d)  The  limit  of  hours  of  work  may  be  modified  under  the  con- 
ditions provided  for  in  Articles  2,  3,  4  and  5  of  this  Convention,  but 
in  no  case  shall  the  length  of  such  modification  bear  to  the  length 
of  the  basic  week  a  proportion  greater  than  that  which  obtains  in 
those   Articles. 

(e)  A  weekly  rest  period  of  twenty-four  consecutive  hours  shall 
be  allowed  to  all  classes  of  workers. 

(f)  The  provision  in  Japanese  factory  legislation  limiting  its 
application  to  places  employing  fifteen  or  more  persons  shall  be 
amended  so  that  such  legislation  shall  apply  to  places  employing 
ten  or  more  persons. 

(g)  The  provisions  of  the  above  paragraphs  of  this  Article 
shall  be  brought  into  operation  not  later  than  1  July,  1922,  except 
that  the  provisions  of  Article  4  as  modified  by  paragraph  (d)  of  this 
Article  shall  be  brought  into  operation  not  later  than   1   July,  1923. 

(h)  The  age  of  fifteen  prescribed  in  paragraph  (c)  of  this  Article 
shall  be  raised,  not  later  than  1  July,  1925,  to  sixteen. 

Article  10. 
In  British  India  the  principle  of  a  sixty-hour  week  shall  be  adopted 
for  all  workers  in  the  industries  at  present  covered  by  the  factory  acts 

415 


THE   INTERNATIONAL   PROTECTION    OF   LABOR 

administered  by  the  Government  of  India,  in  mines,  and  in  such 
branches  of  railway  work  as  shall  be  specified  for  this  purpose  by  the 
competent  authority.  Any  modification  of  this  limitation  made  by  the 
competent  authority  shall  be  subject  to  the  provisions  of  Articles  6 
and  7  of  this  Convention.  In  other  respects  the  provisions  of  this 
Convention  shall  not  apply  to  India,  but  further  provisions  limiting 
the  hours  of  work  in  India  shall  be  considered  at  a  future  meeting  of 
the  General  Conference. 

Article  11. 
The  provisions  of  this  Convention  shall  not  apply  to  China,  Persia, 
and  Siam,  but  provisions  limiting  the  hours  of  work  in  these  countries 
shall  be  considered  at  a  future  meeting  of  the  General  Conference. 

Article  12. 
In  the  application  of  this  Convention  to  Greece,  the  date  at  which 
its  provisions  shall  be  brought  into  operation  in  accordance  with  Ar- 
ticle 19  may  be  extended  to  not  later  than  1  July,  1923,  in  the  case 
of  the  following  industrial  undertakings: 

(1)  Carbon-bisulphide  works, 

(2)  Acids  works, 

(3)  Tanneries, 

(4)  Paper  mills, 

(5)  Printing  works, 

(6)  Sawmills, 

(7)  Warehouses  for  the  handling  and  preparation  of  tobacco, 

(8)  Surface  mining, 

(9)  Foundries, 

(10)  Lime  works, 

(11)  Dye  works, 

(12)  Glassworks  (blowers), 

(13)  Gas  works  (firemen), 

(14)  Loading  and  unloading  merchandise; 

and  to  not  later  than  1  July,  1924,  in  the  case  of  the  following  industrial 
undertakings: 

(1)  Mechanical  Industries:  Machine  shops  for  engines,  safes, 
scales,  beds,  tacks,  shells  (sporting),  iron  foundries,  bronze  foundries, 
tin  shops,  plating  sliops,  manufactories  of  hydraulic  apparatus; 

(2)  Constructional  industries:  Lime-kilns,  cement  works,  plaster- 
ers' shops,  tile  yards,  manufactories  of  bricks  and  pavements,  potteries, 
marble  yards,  excavating  and  building  work; 

(3)  Textile  industries:  Spinning  and  weaving  mills  of  all  kinds, 
except  dye  works; 

(4)  Food  industries:  Flour  and  grist-mills,  bakeries,  macaroni  fac- 
tories, manufactories  of  wines,  alcohol,  and  drinks,  oil  works,  brew- 
eries, manufactories  of  ice  and  carbonated  drinks,  manufactories  of 
confectioners'  products  and  chocolate,  manufactories  of  sausages  and 
preserves,  slaughterhouses,  and  butcher  shops; 

(5)  Chemical  industries:  Manufactories  of  synthetic  colors,  glass- 
works (except  the  blowers),  majnufactories  of  essence  of  turpentine 
and  tartar,  manufactories  of  oxygen  and  pharmaceutical  products, 
manufactories  of  flaxseed  oil,  manufactories  of  glycerine,  manufac- 
tories of  calcium  carbide,  gas  works   (except  the  firemen); 

(6)  Leather  industries:  Shoe  factories,  manufactories  of  leather 
goods; 

416 


INTERNATIONAL    LABOR    ORGANIZATION 

(7)  Paper  and  printing  industries:  Manufactories  of  envelopes, 
record  books,  boxes,  bags,  bookbinding,  lithographing,  and  zinc- 
engraving  shops; 

(8)  Clothing  industries:  Clothing  shops,  underwear  and  trim- 
mings, workshops  for  pressing,  workshops  for  bed  coverings,  artificial 
flowers,  feathers,  and  trimmings,  hat  and  umbrella  factories; 

(9)  Woodworking  industries:  Joiners'  shops,  coopers'  sheds, 
wagon  factories,  manufactories  of  furniture  and  chairs,  picture-framing 
establishments,  brush  and  broom  factories; 

(10)  Electrical  industries:  Power  houses,  shops  for  electrical 
installations; 

(11)  Transportation  by  land:  Employees  on  railroads  and  street 
cars,  firemen,  drivers,  and  carters. 

Article  13. 
In   the  application   of  this   Convention   to   Roumania   the   date   at 
which  its  provisions   shall  be   brought  into  operation   in  accordance 
with  Article  19  may  be  extended  to  not  later  than  1  July,  1924. 

Article  14. 
The  operation  of  the  provisions  of  this  Convention  may  be  sus- 
pended  in   any   country  by   the   Government   in   the   event   of  war  or 
other  emergency  endangering  the  national  safety. 

Article  IS. 
The  formal  ratifications  of  this  Convention,  under  the  conditions 
set  forth  in  Part  XIII  of  the  Treaty  of  Versailles  of  28  June,  1919, 
and  of  the  Treaty  of  St.  Germain  of  10  September,  1919,  shall  be  com- 
municated to  the  Secretary  General  of  the  League  of  Nations  for 
registration. 

Article  16. 
Each  Member  which  ratifies  this  Convention  engages  to  apply  it 
to    its    colonies,   protectorates   and   possessions    which    are   not    fully 
self-governing: 

(a)  Except  where  owing  to  the  local  conditions  its  provisions  are 
inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
its  provisions  to  local  conditions. 

Each  Member  shall  notify  to  the  International  Labor  Office  the 
action  taken  in  respect  of  each  of  its  colonics,  protectorates,  and  pos- 
sessions which  are  not  fully  self-governing. 

Article  17. 
As  soon  as  the  ratifications  of  two  Members  of  the  International 
Labor   Organization   have  been   registered   with    the   Secretariat,   the 
Secretary   General  of  the  League  of  Nations  shall  so  notify  all  the 
Members  of  the  International  Labor  Organization. 

Article  18. 
This  Convention  shall  come  into  force  at  the  date  on  which  such 
notification  is  issued  by  the  Secretary  General  of  the  League  of 
Nations,  and  it  shall  then  be  binding  only  upon  those  Members  which 
have  registered  their  ratification  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member,  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat. 

417 


THE   INTERNATIONAL    PROTECTION    OF   LABOR 

Article  19. 
Each   Member  which  ratifies   this   Convention  agrees  to  bring  its 
provisions  into  operation  not  later  than  1  July,  1921,  and  to  take  such 
action  as  may  be  necessary  to  make  these  provisions  effective. 

Article  20. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration  of  ten  years  from  the  date  on  which  the  Conven- 
tion first  comes  into  force,  by  an  act  communicated  to  the  Secretary 
General  of  the  League  of  Nations  for  registration.  Such  denunciation 
shall  not  take  effect  until  one  year  after  the  date  on  which  it  is 
registered  with  the  Secretariat. 

Article  21. 
At  least  once  in  ten  years  the  Governing  Body  of  the  International 
Labor  Office  shall  present  to  the  General  Conference  a  report  on  the 
working  of  this  Convention,  and  shall  consider  the  desirability  of 
placing  on  the  agenda  of  the  Conference  the  question  of  its  revision 
or  modification. 

Article  22. 
The   French  and   English  texts  of  this  Convention  shall  both  be 
authentic. 

11. 
DRAFT  CONVENTION  CONCERNING  UNEMPLOYMENT. 

Article  1. 
Each  Member  which  ratifies  this  Convention  shall  communicate  to 
the  International  Labor  Office,  at  intervals  as  short  as  possible  and 
not  exceeding  three  months,  all  available  information,  statistical  or 
otherwise,  concerning  unemployment,  including  reports  on  measures 
taken  or  contemplated  to  combat  unemployment.  Whenever  practica- 
ble, the  information  shall  be  made  available  for  such  communication 
not  later  than  three  months  after  the  end  of  the  period  to  which  it 
relates. 

Article  2. 

Each  Member  which  ratifies  this  Convention  shall  establish  a  sys- 
tem of  free  public  employment  agencies  under  the  control  of  a  central 
authority.  Committees,  which  shall  include  representatives  of  em- 
ployers and  of  workers,  shall  be  appointed  to  advise  on  matters  con- 
cerning the  carrying  on  of  these  agencies. 

Where  both  public  and  private  free  employment  agencies  exist, 
steps  shall  be  taken  to  co-ordinate  the  operations  of  such  agencies  on 
a  national  scale. 

The  operations  of  the  various  national  systems  shall  be  co-ordi- 
nated by  the  International  Labor  Office  in  agreement  with  the  coun- 
tries concerned. 

Article  3. 
The  Members  of  the  International  Labor  Organization  which 
ratify  this  Convention  and  which  have  established  systems  of  insur- 
ance against  unemployment  shall,  upon  terms  being  agreed  between 
the  Members  concerned,  make  arrangements  whereby  workers  belong- 
ing to  one  Member  and  working  in  the  territory  of  another  shall  be 

418 


INTERNATIONAL   LABOR    ORGANIZATION 

admitted    to    the    same   rates    of   benefit    of   such    insurance   as    those 
which  obtain  for  the  workers  belonging  to  the  latter. 

Article  4. 
The  formal  ratifications  of  this  Convention,  under  the  conditions 
set  forth  in  Part  XIII  of  the  Treaty  of  Versailles  of  28  June,  119,  and 
of  the  Treaty  of  St.  Germain  of  10  September,  1919,  shall  be  commu- 
nicated to  the  Secretary  General  of  the  League  of  Nations  for  registra- 
tion. 

Article  5. 
Each   Member  which  ratifies  this  Convention  engages  to  apply  it 
to  its  colonies,  protectorates  and  possessions  which  are  not  fully  self- 
governing: 

(a)  Except  where  owing  to  the  local  conditions  its  provisions 
are  inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
its  provisions  to  local  conditions. 

Each  Member  shall  notify  to  the  International  Labor  Office  the 
action  taken  in  respect  of  each  of  its  colonies,  protectorates  and  pos- 
sessions which  are  not  fully  self-governing. 

Article  6. 
As  soon  as  the  ratifications  of  three  Members  of  the  International 
Labor    Organization   have   been    registered   with    the    Secretariat,   the 
Secretary  General   of  the   League  of  Nations   shall  so  notify  all  the 
Members  of  the  International  Labor  Organization. 

Article  7. 
This  Convention  shall  come  into  force  at  the  date  on  which  such 
notification  is  issued  by  the  Secretary  General  of  the  League  of 
Nations,  but  it  shall  then  be  binding  only  upon  those  Members  which 
have  registered  their  ratifications  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat. 

Article  8. 
Each  Member  which  ratifies   this   Convention  agrees  to  bring  its 
provisions   into   operation   not   later   than    1   July,    1921,   and    to   take 
such  action  as  may  be  necessary  to  make  these  provisions  eflfective. 

Article  9. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration  of  ten  years  from  the  date  on  which  the  Con- 
vention first  comes  into  force,  by  an  act  communicated  to  the  Secre- 
tary General  of  the  League  of  Nations  for  registration.  Such  denun- 
ciation shall  not  take  effect  until  one  year  after  the  date  on  which  it 
is  registered  with  the  Secretariat. 

Article  10. 
At  least  once  in  ten  years  the  Governing  Body  of  the  International 
Labor  Office  shall  present  to  the  General  Conference  a  report  on 
the  working  of  this  Convention,  and  shall  consider  the  desirability 
of  placing  on  the  agenda  of  the  Conference  the  question  of  its  revision 
or   modification. 

419 


THE    INTERNATIONAL    PROTECTION    OF   LABOR 

Article  11. 
The   French  and   English  texts  of  this   Convention  shall  both  be 
authentic. 

III. 

RECOMMENDATION  CONCERNING  UNEMPLOYMENT. 

Article  1. 
The  General  Conference  recommends  that  each  Member  of  the 
International  Labor  Organization  take  measures  to  prohibit  the  estab- 
lishment of  employment  agencies  which  charge  fees  or  which  carry 
on  their  business  for  profit.  Where  such  agencies  already  exist,  it  is 
further  recommended  that  they  be  permitted  to  operate  only  under 
Government  licenses,  and  that  all  practicable  measures  be  taken  to 
abolish  such  agencies  as  soon  as  possible. 

Article  2. 
The  General  Conference  recommends  to  the  Members  of  the  Inter- 
national Labor  Organization  that  the  recruiting  of  bodies  of  workers 
in  one  country  with  a  view  to  their  employment  in  another  country 
should  be  permitted  only  by  mutual  agreement  between  the  countries 
concerned  and  after  consultation  with  employers  and  workers  in  each 
country  in  the  industries  concerned. 

Article  3. 
The  General  Conference  recommends  that  each  Member  of  the  In- 
ternational Labor  Organization  establish  an  eflfective  system  of  un- 
employment insurance,  either  through  a  Government  system  or 
through  a  system  of  Government  subventions  to  associations  whose 
rules  provide  for  the  payment  of  benefits  to  their  unemployed  mem- 
bers. 

Article  4. 
The  General  Conference  recommends  that  each  Member  of  the 
International  Labor  Organization  co-ordinate  the  execution  of  all 
work  undertaken  imder  public  authority,  with  a  view  to  reserving 
such  work  as  far  as  practicable  for  periods  of  unemployment  and  for 
districts  most  aflfected  by  it. 

IV. 

RECOMMENDATION  CONCERNING  RECIPROCITY  OF 
TREATMENT    OF   FOREIGN   WORKERS. 

The  General  Conference  recommends  that  each  Member  of  the 
International  Labor  Organization  shall,  on  condition  of  reciprocity 
and  upon  terms  to  be  agreed  between  the  countries  concerned,  admit 
the  foreign  workers  (together  with  their  families)  employed  within 
its  territory,  to  the  benefit  of  its  laws  and  regulations  for  the  pro- 
tection of  its  own  workers,  as  well  as  to  the  right  of  lawful  organiza- 
tion as  enjoyed  by  its  own  workers. 

V. 

DRAFT    CONVENTION    CONCERNING    EMPLOYMENT    OF 
WOMEN    BEFORE   AND    AFTER   CHILDBIRTH. 

The  General  Conference  of  the  International  Labor  Organization 
of  the  League  of  Nations, 

420 


INTERNATIONAL    LABOR    ORGANIZATION 

Having  been  convened  at  Washington  by  the  Government  of 
the  United  States  of  America  on  the  29th  day  of  October,  1919,  and 
Having  decided  upon  tlie  adoption  of  certain  proposals  with 
regard  to  "women's  employment,  before  and  after  childbirth,  in- 
cluding the  question  of  maternity  benefit,"  which  is  part  of  the 
third  item  in  the  agenda  for  the  Washington  meeting  of  the  Con- 
ference, and 

Having  determined  that  these  proposals  shall  take  the  form  of 
a  draft  international  convention, 
Adopts  the  following  Draft  Convention  for  ratification  by  the  Mem- 
bers of  the  International  Labor  Organization,  in  accordance  with  the 
Labor  Part  of  the  Treaty  of  Versailles  of  28  June,  1919,  and  of  the 
Treaty  of  St.  Germain  of  10  September,  1919: 

Article  I. 
For  the  purpose  of  this   Convention,  the  term  "industrial   under- 
taking" includes  particularly: 

(a)  Mines,  quarries,  and  other  works  for  the  extraction  of  mine- 
rals from  the  earth. 

(b)  Industries  in  which  articles  are  manufactured,  altered, 
cleaned,  repaired,  ornamented,  finished,  adapted  for  sale,  broken  up 
or  demolished,  or  in  which  materials  are  transformed;  including  ship- 
building, and  the  generation,  transformation,  and  transmission  of  elec- 
tricity or  motive   power  of  any  kind. 

(c)  Construction,  reconstruction,  maintenance,  repair,  alteration, 
or  demolition  of  an)^  building,  railway,  tramway,  harbor,  dock,  pier, 
canal,  inland  waterway,  road,  tunnel,  bridge,  viaduct,  sewer,  drain, 
well,  telegraphic  or  telephonic  installation,  electrical  undertaking,  gas 
work,  water  work,  or  other  work  of  construction,  as  well  as  the  prepa- 
ration for  or  laying  the  foundation  of  any  such  work  or  structure. 

(d)  Transport  of  passengers  or  goods  by  road,  rail,  sea,  or  inland 
waterway,  including  the  handling  of  goods  at  docks,  quays,  wharves, 
and  warehouses,  but  excluding  transport  by  hand. 

For  the  purpose  of  this  Convention,  the  term  "commercial  under- 
taking" includes  any  place  where  articles  are  sold  or  where  commerce 
is  carried  on. 

The  competent  authority  in  each  country  shall  define  the  line  of 
division  which  separates  industry  and  commerce  from  agriculture. 

Article  2. 
For  the  purpose  of  this  Convention  the  term  "woman"  signifies  any 
female  person,  irrespective  of  age  or  nationality,  whether  married  or 
unmarried,  and  the  term  "child"  signifies  any  child  whether  legitimate 
or  illegitimate. 

Article  3. 
In  any  public  or  private  industrial  or  commercial  undertaking,  or 
in  any  branch  thereof,  other  than  an  undertaking  in  which  only  mem- 
bers of  the  same  family  are  employed,  a  woman — 

(a)  Shall  not  be  permitted  to  work  during  the  six  weeks  following 
her  confinement. 

(b)  Shall  have  the  right  to  leave  her  work  if  she  produces  a 
medical  certificate  stating  that  her  confinement  will  probably  take 
place  within  six  weeks. 

(c)  Shall,  while  she  is  absent  from  her  work  in  pursuance  of 
paragraphs  (a)  and  (b)  be  paid  benefits  sufficient  for  the  full  and 
healthy  maintenance  of  herself  and  her  child  provided  either  out  of 

421 


THE    INTERNATIONAL   PROTECTION    OF   LABOR 

public  funds  or  by  means  of  a  system  of  insurance,  the  exact  amount 
of  Vvhich  shall  be  determined  by  the  competent  authority  in  each 
country,  and  as  an  additional  benefit  shall  be  entitled  to  free  attend- 
ance by  a  doctor  or  certified  midwife.  No  mistake  of  the  medical 
adviser  in  estimating  the  date  of  confinement  shall  preclude  a  woman 
from  receiving  these  benefits  from  the  date  of  the  medical  certificate 
up  to  the  date  on  which  the  confinement  actually  takes  place. 

fd)  Shall  in  any  case,  if  she  is  nursing  her  child,  be  allowed  half 
an  hour  twice  a  day  during  her  working  hours  for  this  purpose. 

Article  4. 
Where  a  woman  is  absent  from  her  work  in  accordance  with 
paragraphs  (a)  or  (b)  of  Article  3  of  this  Convention,  or  remains 
absent  from  her  work  for  a  longer  period  as  a  result  of  illness  medic- 
ally certified  to  arise  out  of  pregnancy  or  confinement  and  rendering 
her  unfit  for  work,  it  shall  not  be  lawful,  until  her  absence  shall  have 
exceeded  a  maximum  period  to  be  fixed  by  the  competent  authority  in 
each  country,  for  her  employer  to  give  her  notice  of  dismissal  during 
such  absence,  nor  to  give  her  notice  of  dismissal  at  such  a  time  that 
the  notice  would  expire  during  such  absence. 

Article  5. 
The  formal  ratifications  of  this  Convention,  under  the  conditions 
set  forth  in  Part  XIII  of  the  treaty  of  Versailles  of  28  June,  1919,  and 
of  the  Treaty  of  St.  Germain  of  10  September,  1919,  shall  be  commu- 
nicated to  the  Secretary  General  of  the  League  of  Nations  for  regis- 
tration. 

Article  6. 
Each  Member  which  ratifies  this  Convention  engages  to  apply  it 
to  its  colonies,  protectorates,  and  possessions  which  are  not  fully  self- 
governing: 

(a)  Except  where,  owing  to  the  local  conditions,  its  provisions 
are   inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
its  provisions  to  local   conditions. 

Each  Member  shall  notify  to  the  International  Labor  Ofifice  the 
action  taken  in  respect  of  each  of  its  colonies,  protectorates,  and  pos- 
sessions which  are  not  fully  self-governing. 

Article  7. 
As  soon  as  the  ratifications  of  two  Members  of  the  International 
Labor    Organization  have  been   registered  with   the   Secretariat,   the 
Secretary  General   of  the  League  of   Nations  shall   so  notify  all  the 
Members  of  the  International  Labor  Organization. 

Article  8. 
This  Convention  shall  come  into  force  at  the  date  on  which  such 
notification  is  issued  by  the  Secretary  General  of  the  League  of 
Nations,  but  it  shall  then  be  binding  only  upon  those  Members  which 
have  registered  their  ratifications  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat. 

Article  9. 
Each  Member  which   ratifies  this   Convention  agrees  to  bring  its 
provisions   into   operation    not   later   than    1   July,    1922,   and   to   take 

422 


INTERNATIONAL    LABOR    ORGANIZATION 

such  action  as  may  be  necessary  to  make  these  provisions  effective. 

Article  10. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration  of  ten  years  from  the  date  on  which  the  Conven- 
tion first  comes  into  force,  by  an  act  communicated  to  tlic  Secretary 
General  of  the  League  of  Nations  for  registration.  Such  denuncia- 
tion shall  not  take  effect  until  one  year  after  the  date  on  which  it 
is  registered  with  the  Secretariat. 

Article  11. 
At  least  once  in  10  years  the  Governing  Body  of  the  International 
Labor  Office  shall  present  to  the  General  Conference  a  report  on  the 
working  of  this  Convention,  and  shall  consider  the  desirability  of 
placing  on  the  agenda  of  the  Conference  the  question  of  its  revision 
or  modification. 

Article  12, 
The  French  and  English  texts  of  this  Convention  shall  both  be 
authentic. 

VI. 

DRAFT    CONVENTION    CONCERNING    EMPLOYMENT    OF 

WOMEN   DURING   THE  NIGHT. 

The  General  Conference  of  the  International  Labor  Organization 
of  the  League  of  Nations, 

Having  been  convened  at  Washington  by  the  Government  of 
the  United  States  of  America,  on  the  29th  day  of  October,  1919,  and 
Having  decided  upon  the  adoption  of  certain  proposals  with  regard 
to  "women[s  employment:  during  the  night,"  which  is  part  of  the 
third  item  in  the  agenda  for  the  Washington  meeting  of  the  Con- 
ference, and 

Having  determined  that  these  proposals  shall  take  the  form  of 
a  draft  international  convention, 
Adopts  the  following  Draft  Convention  for  ratification  by  the  Mem- 
bers of  the  International  Labor  Organization,  in  accordance  with  the 
Labor  Part  of  the  Treaty  of  Versailles  of  28  June,  1919,  and  of  the 
Treaty  of  St.  Germain  of  10  September,  1919: 

Article  1. 

For  the  purpose  of  this  Convention,  the  term  "industrial  under- 
taking" includes  particularly: 

(a)  Mines,  quarries,  and  other  works  for  the  extraction  of  mine- 
rals from  the  earth; 

(b)  Industries  in  which  articles  are  manufactured,  altered,  cleaned, 
repaired,  ornamented,  finished,  adapted  for  sale,  broken  up  or  demol- 
ished, or  in  which  materials  are  transformed;  including  shipbuilding, 
and  the  generation,  transformation,  and  transmission  of  electricity 
or  motive  power  of  any  kind; 

(c)  Construction,  reconstruction,  maintenance,  repair,  alteration, 
or  demolition  of  any  building,  railway,  tramway,  harbor,  dock,  pier, 
canal,  inland  waterway,  road,  tunnel,  bridge,  viaduct,  sewer,  drain, 
well,  telegraphic  or  telephonic  installation,  electrical  undertaking,  gas 
work,  waterwork,  or  other  work  of  construction,  as  well  as  the  prepa- 
ration for  or  laying  the  foundations  of  any  such  work  or  structure. 

423 


THE   INTERNATIONAL    PROTECTION    OF   LABOR 

The  competent  authority  in  each  country  shall  define  the  line  of 
division  which  separates  industry  from  commerce  and  agriculture. 

Article  2. 

For  the  purpose  of  this  Convention,  the  term  "night"'  signifies  a 
period  of  at  least  eleven  consecutive  hours,  including  the  interval  be- 
tween ten  o'clock  in  the  evening  and  five  o'clock  in  the  morning.  _ 

In  those  countries  where  no  Government  regulation  as  yet  applies 
to  the  employment  of  women  in  industrial  undertakings  during  the 
night,  the  term  "night"  may  provisionally,  and  for  a  maximum  period 
of  three  years,  be  declared  by  the  Government  to  s^ignify  a  period  of 
only  ten  hours,  including  the  interval  between  ten  o'clock  in  the  even- 
ing and  five  o'clock  in  the  morning. 

Article  3. 

"Women  without  distinction  of  age  shall  not  be  employed  during 
the  night  in  any  public  or  private  industrial  undertaking,  or  in  any 
branch  thereof,  other  than  an  undertaking  in  which  only  members  of 
the  same  family  are  employed. 

Article  4. 

Article  3  shall  not  apply: 

(a)  In  cases  of  force  majeure,  when  in  any  undertaking  there 
conies  an  interruption  of  work  which  it  was  impossible  to  foresee, 
and  which  is  not  of  a  recurring  character. 

(b)  In  cases  where  the  work  has  to  do  with  raw  materials  or 
materials  in  course  of  treatment  which  are  subject  to  rapid  deteriora- 
tion, when  such  night  work  is  necessary  to  preserve  the  said  materials 
from  certain  loss. 

Article  S. 

In  India  and  Siam,  the  application  of  Article  3  of  this  Convention 
may  be  suspended  by  the  Government  in  respect  to  any  industrial 
undertaking,  except  factories  as  defined  by  the  national  law.  Notice 
of  every  such  suspension  shall  be  filed  with  the  International  Labor 
Office. 

Article  6. 

In  industrial  undertakings  which  are  influenced  by  the  seasons  and 
in  all  cases  where  exceptional  circumstances  demand  it,  the  night 
period  may  be  reduced  to  ten  hours  on  sixty  days  of  the  yean 

Article  7. 
In  countries  where  the  climate  renders  work  by  day  particularly 
trying  to  the  health,  the  night  period  may  be  shorter  than  prescribed 
in   the   above  articles,  provided  that  compensatory  rest  is  accorded 
during  the  day. 

Article  8. 
The  formal  ratifications  of  this  Convention,  under  the  conditions 
set  forth  in  Fart  XIII  of  the  Treaty  of  Versailles  of  28  June,  1919,  and 
of  the  Treaty  of  St.  Germain  of  10  September,  1919,  shall  be  commu- 
nicated to  the  Secretary  General  of  the  League  of  Nations  for  regis- 
tration. 

424 


INTERNATIONAL    LABOR    ORGANIZATION 

Article  9. 
Each  Member  which  ratifies  this  Convention  engages  to  apply  it 
to  its  colonies,  protectorates  and  possessions  which  are  not  fully  self- 
governing: 

(a)  Except  where  owing  to  the  local  conditions  its  provisions  are 
inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
its  provisions  to  local  conditions. 

Each  Member  shall  notify  to  the  International  Labor  Office  the 
action  taken  in  respect  of  each  of  its  colonies,  protectorates  and  pos- 
sessions which  are  not  fully  self-governing. 

Article  10. 
As  soon  as  the  ratifications  of  two  Members  of  the  International 
Labor   Organization   have   been    registered  with   the   Secretariat,    the 
Secretary  General  of  the  League  of  Nations   shall  so  notify  all   the 
Members  of  the  International  Labor  Organization. 

Article  11. 
This  Convention  shall  come  into  force  at  the  date  on  which  such 
notification  is  issued  by  the  Secretary  General  of  the  League  of 
Nations,  but  it  shall  then  be  binding  only  upon  those  Members  which 
have  registered  their  ratifications  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat. 

Article  12. 
Each   Member  which   ratifies   this   Convention  agrees  to  bring  its 
provisions   into   operation   not   later   than    1   July,    1922,   and    to   take 
such  action  as  may  be  necessary  to  make  these  provisions  effective. 

Article  13. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration  of  ten  years  from  the  date  on  which  the  Conven- 
tion first  comes  into  force,  by  an  act  communicated  to  the  Secretary 
General  of  the  League  of  Nations  for  registration.  Such  denunciation 
shall  not  take  effect  until  one  year  after  the  date  on  which  it  is 
registered  with  the  Secretariat. 

Article  14. 
At  least  once  in  ten  years,  the  Governing  Body  of  the  International 
Labor  Office  shall  present  to  the  General  Conference  a  report  on 
the  working  of  this  Convention,  and  shall  consider  the  desirability 
of  placing  on  the  agenda  of  the  Conference  the  question  of  its  revision 
or  modification. 

Article  15. 
The  French  and  English  texts  of  this  Convention  shall  both  be 
authentic. 

VIL 
RECOMMENDATION  CONCERNING  THE  PREVENTION  OF 

ANTHRAX. 

The  General  Conference  recommends  to  the  Members  of  the  In- 
ternational Labor  Organization  that  arrangements  should  be  made  for 

425 


THE    INTERNATIONAL   PROTECTION    OP   LABOR 

the  disinfection  of  wool  infected  with  anthrax  spores,  either  in  the 
country  exporting  such  wool  or,  if  that  is  not  practicable,  at  the  port 
of  entry  in  the  country  importing  such  wool. 

VIII. 

RECOMMENDATION  CONCERNING  THE  PROTECTION  OF 

WOMEN  AND  CHILDREN  AGAINST  LEAD  POISONING. 

The  General  Conference  recommends  to  the  Members  of  the  In- 
ternational Labor  Organization  that  in  view  of  the  danger  involved 
to  the  function  of  maternity  and  to  the  physical  development  of 
children,  women  and  young  persons  under  the  age  of  eighteen  years 
be  excluded  from  employment  in  the  following  processes: 

(a)  In  furnace  work  in  the  reduction  of  zinc  or  lead  ores. 

(b)  In  the  manipulation,  treatment,  or  reduction  of  ashes  contain- 
ing lead,  and  in  the  de-silverizing  of  lead. 

(c)  In  melting  lead  or  old  zinc  on  a  large  scale. 

(d)  In  the  manufacture  of  solder  or  alloys  containing  more  than 
ten  per  cent,  of  lead. 

(e)  In  the  manufacture  of  litharge,  massicot,  red  lead,  white  lead, 
orange  lead,  or  sulphate,  chromate  or  silicate   (frit)  of  lead. 

(f)  In  mixing  and  pasting  in  the  manufacture  or  repair  of  electric 
accumulators. 

(g)  In  the  cleaning  of  workrooms  where  the  above  processes  are 
carried  on. 

It  is  further  recommended  that  the  employment  of  women  and 
young  persons  under  the  age  of  eighteen  years  in  processes  involving 
the  use  of  lead  compounds  be  permitted  only  subject  to  the  following 
conditions: 

(a)  Locally  applied  exhaust  ventilation,  so  as  to  remove  dust  and 
fumes  at  the  point  of  origin. 

(b)  Cleanliness  of  tools  and  workrooms. 

(c)  Notification  to  Government  authorities  of  all  cases  of  lead 
poisoning,   and   compensation   therefor. 

(d)  Periodic  medical  examination  of  the  persons  employed  in  such 
processes. 

(e)  Provision  of  sufficient  and  suitable  cloak-room,  washing,  and 
mess-room  accommodation,  and  of  special  protective  clothing. 

(f)   Prohibition  of  bringing  food  or  drink  into  work  rooms. 

It  is  further  recommended  that  in  industries  where  soluble  lead 
compounds  can  be  replaced  by  non-toxic  substances,  the  use  of  soluble 
lead  compounds  should  be  strictly  regulated. 

For  the  purpose  of  this  Recommendation,  a  lead  compound  should 
be  considered  as  soluble  if  it  contains  more  than  five  per  cent,  of  its 
weight  (estimated  as  metallic  lead)  soluble  in  a  quarter  of  one  per 
cent,  solution  of  hydrochloric  acid. 

IX. 

RECOMMENDATION  CONCERNING  THE  ESTABLISHMENT 
OF  GOVERNMENT    HEALTH   SERVICES. 

The  General  Conference  recommends  that  each  Member  of  the 
International  Labor  Organization  which  has  not  already  done  so 
should  establish  as  soon  as  possible,  not  only  a  system  of  efficient 
factory  inspection,  but  also  in  addition  thereto  a  Government  service 
especially  charged  with  the  duty  of  safeguarding  the  health  of  the 

426 


INTERNATIONAL   LABOR    ORGANIZATION 

workers,   which    will   keep    in    touch    with    the    International    Labor 
Office. 

X. 

RECOMMENDATION  CONCERNING  THE  APPLICATION  OF 
THE  BERNE  CONVENTION  OF  1906,  ON  THE  PROHIBI- 
TION OF  THE  USE  OF  WHITE  PHOSPHORUS  IN  THE 
MANUFACTURE  OF  MATCHES. 

The  General  Conference  recommends  that  each  Alcmbcr  of  the 
International  Labor  Organization,  which  has  not  alreadj'  done  so, 
should  adhere  to  the  International  Convention  adopted  at  Berne  in 
1906  on  the  prohibition  of  the  use  of  while  phosphorus  in  the  manu- 
facture of  matches. 

XI. 

DRAFT  CONVENTION  FIXING  THE  MINIMUM  AGE  FOR 
ADMISSION  OF  CHILDREN  TO  INDUSTRIAL  EMPLOY- 
MENT. 

The  General  Conference  of  the  International  Labor  Organization 

of  the  League  of  Nations, 

Having  been  convened  by  the  Government  of  the  LTnited  States 
of  America  at  Washington,  on  the  29th  day  of  October,  1919,  and 
Having  decided  upon  the  adoption  of  certain  proposals  with 
regard  to  the  "employment  of  children:  minimum  age  of  employ- 
ment," which  is  part  of  the  fourth  item  in  the  agenda  for  the 
Washington  meeting  of  the  Conference,  and 

Having  determined  that  these  proposals  shall  take  the  form 
of  a  draft  international  convention, 
Adopts  the  following  Draft  Convention  for  ratification  by  the  Alem- 
bers  of  the  International  Labor  Organization,  in  accordance  with  the 
Labor  Part  of  the  Treaty  of  Versailles  of  28  June,  1919,  and  of  the 
Treaty  of  St.  Germain  of  10  September,  1919: 

Article  1. 
For  the  purpose  of  this   Convention,  the  term  "industrial  under- 
taking" includes  particularly: 

(a)  Mines,  quarries  and  other  works  for  the  extraction  of  mine- 
rals from  the  earth. 

(b)  Industries  in  which  articles  are  manufactured,  altered,  cleaned, 
repaired,  ornamented,  finished,  adapted  for  sale,  broken  up  or  demol- 
ished, or  in  which  materials  are  transformed;  including  shipbuilding, 
and  the  generation,  transformation,  and  transmission  of  electricity 
and  motive  power  of  any  kind. 

(c)  Construction,  reconstruction,  maintenance,  repair,  alteratipn, 
or  demolition  of  any  building,  railway,  tramway,  harbor,  dock,  pier, 
canal,  inland  waterway,  road,  tunnel,  bridge,  viaduct,  sewer,  drain, 
well,  telegraphic  or  telephonic  installation,  electrical  undertaking,  gas 
work,  water  work,  or  other  work  of  construction,  as  well  as  the 
preparation  for  or  laying  the  foundations  of  any  such  work  or  struc- 
ture. 

(d)  Transport  of  passengers  or  goods  by  road  or  rail  or  inland 
waterway,  including  the  handling  of  goods  at  docks,  quays,  wharves, 
and  warehouses,  but  excluding  transport  by  hand. 

427 


THE  INTERNATIONAL  PROTECTION  OF  LABOR 

The  competent  authority  in  each  country  shall  define  the  line  of 
division  which  separates  industry  from  commerce  and  agriculture. 

Article  2.. 
Children  under  the  age  of  fourteen  years  shall  not  be  employed  or 
work  in  any  public  or  private  industrial  undertaking,  or  in  any  branch 
thereof,  other  than  an  undertaking  in  which  only  members  of  the  seune 
family  are  employed. 

Article  3. 
The  provisions  of  article  2  shall  not  apply  to  work  done  by  children 
in  technical  schools,  provided  that  such  work  is  approved  and  super- 
vised by  public  authority. 

Article  4. 
In   order   to   facilitate  the   enforcement  of   the  provisions   of  this 
Convention,    every    employer   in   an    industrial    undertaking    shall   be 
required  to  keep  a  register  of  all  persons  under  the  age  of  sixteen 
years  employed  by  him,  and  of  the  dates  of  their  births. 

Article  5. 
In  connection  with  the  application  of  this  Convention  to  Japan, 
the  following  modifications  of  article  2  may  be  made: 

(a)  Children  over  twelve  years  of  age  may  be  admitted  into  em- 
ployment if  they  have  finished  the  course  in  the  elementary  school; 

(b)  As  regards  children  between  the  ages  of  twelve  and  fourteen 
already    employed,   transitional  regulations  may  be  made. 

The  provision  in  the  present  Japanese  law  admitting  children  under 
the  age  of  twelve  years  to  certain  light  and  easy  employments  shall 
be  repealed. 

Article  6. 

The  provisions  of  article  2  shall  not  apply  to  India,  but  in  India 
children  under  twelve  years  of  age  shall  not  be  employed. 

(a)  In  manufactories  working  with  power  and  employing  more 
than  ten  persons; 

(b)  In  mines,  quarries,  and  other  works  for  the  extraction  of 
minerals  from  the  earth; 

(c)  In  the  transport  of  passengers  or  goods,  or  mails,  by  rail,  or 
in  the  handling  of  goods  at  docks,  quays,  and  wharves,  but  exclud- 
ing transport  by  hand. 

Article  7. 

The  '^ormal  ratifications  of  this  Convention,  under  the  conditions 
set  forth  in  Part  XIII  of  the  Treaty  of  Versailles  of  28  June,  1919, 
and  of  the  Treaty  of  St.  Germain  of  10  September,  1919,  shall  be 
communicated  to  the  Secretary  General  of  the  League  of  Nations  for 
registration. 

Article  8. 

Each  Member  which  ratifies  this  Convention  engages  to  apply  it 
to  its  colonies,  protectorates,  and  possessions  which  are  not  fully 
self-governing: 

(a)  Except  where  owing  to  the  local  conditions  its  provisions 
are  inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necsssary  to  adapt 
its  provisions  to  local  conditions. 

428 


INTERNATIONAL    LABOR    ORGANIZATION 

Each  ^Member  shall  notify  to  the  International  Labor  OfTicc  the 
action  taken  in  respect  to  each  of  its  colonies,  protectorates,  and 
possessions  which  are  not  fully  self-governing. 

Article  9. 
As  soon  as  the  ratifications  of  two  Members  of  the  International 
Labor   Organization   have   been   registered   with   the   Secretariat,   the 
Secretary  General  of  the  League  of  Nations  shall   so  notify  all  the 
members  of  the  International  Labor  Organization. 

Article  10. 
This  Convention  shall  come  into  force  at  the  date  on  which  such 
notification  is  issued  by  the_  Secretary  General  of  the  League  of 
Nations,  but  it  shall  then  be  binding  onlj'-  upon  those  Members  which 
have  registered  their  ratifications  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat. 

Article  11. 
Each   Member  which  ratifies  this  Convention  agrees  to  bring  its 
provisions   into   oper.-\tion   not   later   than    1   Jul3%    1922,   and   to   take 
such  action  as  may  be  necessary  to  make  these  provisions  effective. 

Article  12. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration^  of  ten  years  from  the  date  on  which  the  Con- 
vention first  comes  into  force,  bj'  an  act  communicated  to  the  Secre- 
tary General  of  the  League  of  Nations  for  registration.  Such  denun- 
ciation shall  not  take  efifect  until  one  year  after  the  date  on  which 
it  is  registered  with  the  Secretariat. 

Article  13. 
At  least  once  in  ten  years,  the  Governing  Body  of  the  Interna- 
tional Labor  Office  shall  present  to  the  General  Conference  a  report 
on  the  working  of  this  Convention,  and  shall  consider  the  desirability 
of  placing  on  the  agenda  of  the  Conference  the  question  of  its  revision 
or  modification. 

Article  14. 
The   French  and   English  texts  of  this  Convention  shall  both   be 
authentic. 

XIL 

DRAFT  CONVENTION  CONCERNING  THE  NIGHT  WORK  OF 

YOUNG  PERSONS  EMPLOYED  IN  INDUSTRY 

The  General  Conference  of  the  International  Labor  Organization 
of  the  League  of  Nations, 

Having  been  convened  by  the  Government  of  the  United  States 
of  America  at  Washington,  on  the  29th  day  of  October,  1919,  and 

Having  decided  upon  the  adoption  of  certain  proposals  with 
regard  to  the  "employment  of  children:  during  the  night,"  which 
is  part  of  the  fourth  item  in  the  agenda  for  the  Washington  meet- 
ing of  the  Conference,  and 

Having  determined  that  these  proposals  shall  take  the  form 
of  a  draft  international  convention, 

429 


THE    INTERNATIONAL   PROTECTION    OF   LABOR 

Adopts  the  following  Draft  Convention  for  ratification  by  the  Mem- 
bers of  the  International  Labor  Organization,  in  accordance  with  the 
Labor  Part  of  the  Treaty  of  Versailles  of  28  June,  1919,  and  of  the 
Treaty  of  St.  Germain  of  10  September,  1919: 

Article  1. 
For  the  purpose  of  this  Convention,  the  term  "industrial  under- 
taking" includes  particularly: 

(a)  Mines,  quarries  and  other  works  for  the  extraction  of  mine- 
rals from  the  earth. 

(b)  Industries  in  which  articles  are  manufactured,  altered,  cleaned, 
repaired,  ornamented,  finished,  adapted  for  sale,  broken  up  or  dernol- 
ished,  or  in  which  materials  are  transformed;  including  shipbuilding, 
and  the  generation,  transformation,  and  transmission  of  electricity 
or  motive  power  of  any  kind. 

(c)  Construction,  reconstruction,  maintenance,  repair,  alteration, 
or  demolition  of  any  building,  railway,  tramway,  harbor,  dock,  pier, 
canal,  inland  waterway,  road,  tunnel,  bridge,  viaduct,  sewer,  drain, 
well,  telegraphic  or  telephonic  installation,  electrical  undertaking,  gas 
work,  water  work,  or  other  work  of  construction,  as  well  as  the 
preparation  for  or  laying  the  foundations  of  any  such  work  or  struc- 
ture. 

(d)  Transport  of  passengers  or  goods  by  road  or  rail,  including 
the  handling  of  goods  at  docks,  quays,  wharves,  and  warehouses,  but 
excluding  transport  by  hand. 

The  competent  authority  in  each  country  shall  define  the  line  of 
division  which  separates  industry  from  commerce  and  agriculture. 

Article  2. 

Young  persons  under  eighteen  years  of  age  shall  not  be  employed 
during  the  night  in  any  public  or  private  industrial  undertaking,  or  in 
any  branch  thereof,  other  than  an  undertaking  in  which  only  members 
of  the  same  family  are  employed,  except  as  hereinafter  provided  for. 

Young  persons  over  the  age  of  sixteen  may  be  employedduring  the 
night  in  the  following  industrial  undertakings  on  work  which  by  rea- 
son of  the  nature  of  the  process  is  required  to  be  carried  on  con- 
tinuously day  and  night: 

(a)  Manufacture  of  iron  and  steel;  processes  in  which  reverbera- 
tory  or  regenerative  furnaces  are  used,  and  galvanizing  of  sheet  metal 
or  wire  (except  the  pickling  process); 

(b)  Glass  works; 

(c)  Manufacture  of  paper; 

(d)  Manufacture  of  raw  sugar; 

(e)  Gold  mining  reduction  work. 

Article  3. 

For  the  purpose  of  this  Convention,  the  term  "night"  signifies  a 
period  of  at  least  eleven  consecutive  hours,  including  the  interval 
between  ten  o'clock  in  the  evening  and  five  o'clock  in  the  morning. 

In  coal  and  lignite  mines  work  may  be  carried  on  in  the  interval 
between  ten  o'clock  in  the  evening  and  five  o'clock  in  the  morning, 
if  an  interval  of  ordinarily  fifteen  hours,  and  in  no  case  of  less  than 
thirteen  hours,  separates  two  periods  of  work. 

Where  night  work  in  the  baking  industry  is  prohibited  for  all 
workers,  the  interval  between  nine  o'clock  in  the  evening  and  four 
o'clock  in  the  morning  may  be  substituted  ir  the  baking  industry  for 

430, 


INTERNATIONAL   LABOR   ORGANIZATION 

the  interval  between  ten  o'clock  in  the  evening  and  five  o'clock  in  the 
morning. 

In  those  tropical  countries  in  which  work  is  suspended  during  the 
middle  of  the  day,  the  night  period  may  be  shorter  than  eleven  hours 
if  compensatory  rest  is  accorded  during  the  day. 

Article  4. 
The  provisions  of  articles  2  and  3  shall  not  apply  to  the  night 
work  of  young  persons  between  the  ages  of  sixteen  and  eighteen 
years  in  cases  of  emergencies  which  could  not  have  been  controlled 
or  foreseen,  which  are  not  of  a  periodical  character,  and  which  inter- 
fere with  the  normal  working  of  the  industrial  undertaking. 

Article  5. 
In  the  application  of  this  Convention  to  Japan,  until  1  July,  1925, 
Article  2  shall  apply  only  to  young  persons   under   fifteen  years   of 
age  and  thereafter  it  shall  apply  only  to  young  persons  under  sixteen 
years  of  age. 

Article  6. 

In  the  application  of  this  Convention  to  India,  the  term  "industrial 
undertakings"  shall  include  only  '"factories"  as  defined  in  the  Indian 
Factory  Act,  and  article  2  shall  not  apply  to  male  young  persons 
over  fourteen  years  of  age. 

Article  7. 
The  prohibition  of  night  work  may  be  suspended  by  the  Govern- 
ment, for  young  persons  between  the  ages  of  sixteen  and  eighteen 
years,  when  in  case  of  serious  emergency  the  public  interest  demands 
it 

Article  8. 
The  formal  ratifications  of  this  Convention,  under  the  conditions 
set  forth  in  Part  XIII  of  the  Treaty  of  Versailles  of  28  June,  1919, 
and  of  the  Treaty  of  St.  Germain  of  10  September,  1919,  shall  be 
communicated  to  the  Secretary  General  of  the  League  of  Nations  for 
registration. 

Article  9. 
Each  Member  which  ratifies  this  Convention  engages  to  apply  it 
to   its   colonies,   protectorates   and   possessions   which    are   not    fully 
self-governing: 

(a)  Except  where  owing  to  the  local  conditions  its  provisions  are 
inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
its  provisions  to  local  conditions. 

Each  Member  shall  notify  to  the  International  Labor  Office  the 
action  taken  in  respect  of  each  of  its  colonies,  protectorates  and  pos- 
sessions which  are  not  fully  self-governing. 

Article  10. 
As  soon  as  the  ratifications  of  two  Members  of  the  International 
Labor    Organization   have   been   registered   with    the   Secretariat   the 
Secretary  General  of  the  League   of  Nations   shall  so  notify  all  the 
Members  of  the  International   Labor  Organization. 

Article  11. 
This  Convention  shall  come  into  force  at  the  date  on  which  such 
notification   is   issued   by   the   Secretary    General   of   the   League   of 

431 


THE   INTERNATIONAL   PROTECTION    OF   LABOR 

Nations,  and  it  shall  then  be  binding  only  upon  those  Members  which 
have  registered  their  ratifications  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat, 

Article  12. 
Each  Member  which  ratifies  this   Convention  agrees   to  bring  its 
provisions  into  operation  not  later  than  1  July,  1922,  and  to  take  such 
action  as  may  be  necessary  to  make  these  provisions  effective. 

Article  13. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration  of  ten  years  from  the  date  on  which  the  Con- 
vention first  comes  into  force,  by  an  axt  communicated  to  the  Secre- 
tary General  of  the  League  of  Nations  for  registration.  Such  denun- 
ciation shall  not  take  efifect  until  one  year  after  the  date  on  which 
it  is  registered  with  the  Secretariat. 

Article  14. 
At  least  once  in  ten  years  the  Governing  Body  of  the  Interna- 
tional Labor  Ofhce  shall  present  to  the  General  Conference  a  report 
on  the  working  of  this  Convention,  and  shall  consider  the  desirability 
of  placing  on  the  agenda  of  the  Conference  the  question  of  its  re- 
vision or  modification. 

Article  IS. 
The  French  and  English  texts  of  this  Convention  shall  both  be 
authentic. 


PROTECTION  FOR  SEAMEN. 


Draft  Conventions  and  Recommendations 
Adopted  by 

THE  INTERNATIONAL  LABOR  CONFERENCE 

OF  THE  LEAGUE  OF  NATIONS. 

(Second  Sleeting.) 

Genoa,  June  15- July  10,  1920. 


RECOMMENDATION  CONCERNING   THE  LIMITATION  OF 
HOURS  OF  WORK  IN  THE  FISHING  INDUSTRY. 

The  General  Conference  of  the  International  Labor  Organization 
of  the  League  of  Nations, 

Having  been  convened  at  Genoa  by  the  Governing  Body  of  the 
International  Labor  Office,  on  the  15th  day  of  June,  1920,  and 

Having  decided  upon  the  adoption  of  certain  proposals  with 
regard  to  the  "Application  to  seamen  of  the  Convention  drafted  at 
Washington,  last  November,  limiting  the  hours  of  work  in  all  iri- 
dustrial  undertakings,  including  transport  by  sea  and,  under  condi- 
tions to  be  determined,  transport  by  inland  waterways,  to  8  hours 
in  the  day  and  48  in  the  week.     Consequential  effects  as  regards 

432 


INTERNATIONAL  LABOR    ORGANIZATION 

manning  and  the  regulations  relating  to  accommodation  and  health 

on  board  ship,"  which  is  the  first  item  in  the  addenda  for  the  Genoa 

meeting  of  the  Conference,  and 

Having  determined  that  these  proposals  shall  take  the  form  of 

a  recommendation, 
Adopts  the  following  Recommendation,  to  be  submitted  to  the  Mem- 
bers of  the  International  Labor  Organization  for  consideration  with 
a  view  to  effect  being  given  to  it  by  national  legislation  or  otherwise, 
in  accordance  with  the  Labor  Part  of  the  Treaty  of  Versailles  of  28 
June,  1919,  of  the  Treaty  of  St.  Germain  of  10  September,  1919,  of 
the  Treaty  of  Neuilly  of  27  November,  1919,  and  of  the  Treaty  of  the 
Grand  Trianon  of  4  June,  1920: 

In  view  of  the  declaration  in  the  Treaties  of  Peace  that  all  indus- 
trial communities  should  endeavor  to  adopt,  so  far  as  their  special 
circumstances  will  permit,  "an  eight-hours'  day  or  a  forty-eight  hours' 
week  as  the  standard  to  be  aimed  at  where  it  has  not  already  been 
attained,"  the  International  Labor  Conference  recommends  that  each 
Member  of  the  International  Labor  Organization  enact  legislation 
limiting  in  this  direction  the  hours  of  work  of  all  workers  employed 
in  the  fishing  industry,  with  such  special  provisions  as  may  be  neces- 
sary to  meet  the  conditions  peculiar  to  the  fishing  industry  in  each 
country;  and  that  in  framing  such  legislation  each  Government  consult 
with  the  organizations  of  employers  and  the  organizations  of  workers 
concerned. 

RECOMMENDATION   CONCERNING  THE  LIMITATION   OF 
HOURS  OF  WORK  IN  INLAND  NAVIGATION. 

I. 

That  each  Member  of  the  International  Labor  Organization  should, 
if  it  has  not  already  done  so,  enact  legislation  limiting  in  the  direction 
of  the  above  declaration  in  the  Treaties  of  Peace  [that  all  industrial 
communities  should  endeavor  to  adopt,  so  far  as  their  special  circum- 
stances will  permit,  "an  eight  hours'  day  or  a  forty-eight  hours'  week 
as  the  standard  to  be  aimed  at  where  it  has  not  already  been  attained"] 
the  hours  of  work  of  workers  emploj^ed  in  inland  navigation,  with  such 
special  provisions  as  may  be  necessary  to  meet  the  climatic  and  indus- 
trial conditions  peculiar  to  inland  navigation  in  each  country,  and  after 
consultation  with  the  organizations  of  employers  and  the  organizations 
of  workers  concerned. 

II. 

That  those  Members  of  the  International  Labor  Organization 
whose  territories  are  riparian  to  waterways  which  are  used  in  com- 
mon by  their  boats  should  enter  into  agreements  for  limiting  in  the 
direction  of  the  aforesaid  declaration,  the  hours  of  work  of  persons 
employed  in  inland  navigation  on  such  waterwaj^s,  after  consultation 
with  the  organizations  of  employers  and  the  organizations  of  workers 
concerned. 

in. 

That  such  national  legislation  and  such  agreements  between  ripar- 
ian countries  should  follow  as  far  as  possible  the  general  lines  of  the 
Draft  Convention  concerning  hours  of  work  adopted  by  the  Inter- 
national Labor  Conference  at  Washington,  with  such  exceptions  as 
may  be  necessary  for  meeting  the  climatic  or  other  special  conditions 
of  the  countries  concerned. 

433 


THE   INTERNATIONAL  PROTECTION   OF   LABOR 

IV. 

That  in  the  application  of  this  Recommendation,  each  Member  of 
the  International  Labor  Organization  should  determine  for  itself, 
after  consultation  with  the  organizations  of  employers  and  the  organ- 
izations of  workers  concerned,  what  is  inland  navigation  as  distin- 
guished from  maritime  navigation,  and  should  communicate  its  deter- 
mination to  the  International  Labor  Office. 

V 

That  each  Member  of  the  International  Labor  Organization  should 
report  to  the  International  Labor  Office,  within  two  years  after  the 
adjournment  of  the  Genoa  Conference,  the  progress  which  it  has 
made  in  the  direction  of  this  Recom.mendation. 

RECOMMENDATION  CONCERNING  THE  ESTABLISHMENT 
OF  NATIONAL  SEAMEN'S  CODES. 

In  order  that,  as  a  result  of  the  clear  and  systematic  codification 
of  the  national  law  in  each  country,  the  seamen  of  the  world,  whether 
engaged  on  ships  of  their  own  or  foreign  countries,  may  have  a  better 
comprehension  of  their  rights  and  obligations,  and  in  order  that  the 
task  of  establishing  an  International  Seamen's  Code  may  be  advanced 
and  facilitated,  the  International  Labor  Conference  recommends  that 
each  Member  of  the  International  Labor  Organization  undertake  the 
embodiment  in  a  seamen's  code  of  all  its  laws  and  regulations  relating 
to  seamen  in  their  activities  as  such. 

DRAFT  CONVENTION   FIXING   THE   MINIMUM  AGE  FOR 
ADMISSION  OF  CHILDREN  TO  EMPLOYMENT  AT  SEA. 

Article  L 
For  the  purpose  of  this  Convention,  the  term  "vessel"  includes  all 
ships  and  boats,  of  any  nature  whatsoever,  engaged  in  maritime  navi- 
gation, whether  publicly  or  privately  owned;  it  excludes  ships  of  war. 

Article  2. 
Children  under  the  age  of  fourteen  years  shall  not  be  employed  or 
work  on  vessels,  other  than  vessels  upon  which  only  members  of  the 
same  family  are  employed. 

Article  3. 
The  provisions  of  Article  2  shall  not  apply  to  work  done  by  children 
on  school-ships  or  training  ships,  provided  that  such  work  is  approved 
and  supervised  by  public  authority. 

Article  4. 
In  order  to  facilitate  the  enforcement  of  the  provisions  of  this 
Convention,  every  shipmaster  shall  be  required  to  keep  a  register  of 
all  persons  under  the  age  of  sixteen  years  employed  on  board  his 
vessel,  or  a  list  of  them  in  the  articles  of  agreement,  and  of  the  dates 
of  their  births. 

Article  5. 
Each    Member    of   the    International    Labor   Organization   which 
ratifies  this   Convention  engages   to  apply  it  to  its  colonies,  protec- 
torates, and  possessions  which  are  not  fully  self-governing: 

434 


INTERNATIONAL   LABOR    ORGANIZATION 

(a)  Except  where  owing  to  the  local   conditions  its   provisions 
are  inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
its  provisions  to  local  conditions. 

Article  6. 
The  formal  ratifications  of  this  Convention  under  the  conditions 
set  forth  in  Part  XIII  of  the  Treaty  of  Versailles  of  28  June,  1919, 
of  the  Treaty  of  St.  Germain  of  10  September,  1919,  of  the  'ircaty  of 
Neuilly  of  27  November,  1919,  and  of  the  Treaty  of  the  Grand  Trianon 
of  4  June,  1920,  shall  be  communicated  to  the  Secretary-General  of 
the  League  of  Nations  for  registration. 

Article  7. 
As  soon  as  the  ratifications  of  two  Members  of  the  International 
Labor   Organization   have  been   registered   with   the   Secretariat,   the 
Secretary  General  of  the  League   of  Nations  shall  so  notify  all  the 
Members  of  the  International  Labor  Organization. 

Article  8. 
This  Convention  shall  come  into  force  at  the  date  on  which  such 
notification  is  issued  by  the  Secretary  General  of  the  League  of 
Nations,  but  it  shall  then  be  binding  only  upon  those  Members  which 
have  registered  their  ratifications  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat. 

Article  9. 
Subject  to  the  provisions  of  Article  8,  each  Member  which  ratifies 
this  Convention  agrees  to  bring  its  provisions  into  operation  not  later 
than   1  July,  1922,  and  to  take  such  action  as  may  be  necessary  to 
make  these  provisions  efifective. 

Article  10. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration  of  ten  years  from  the  date  on  which  the  Con- 
vention first  comes  into  force,  by  an  act  communicated  to  the  Secre- 
tary General  of  the  League  of  Nations  for  registration.  Such  de- 
nunciation shall  not  take  effect  until  one  year  after  the  date  on  which 
it  is  registered  with  the  Secretariat. 

Article  11. 
At  least  once  in  ten  years,  the  Governing  Body  of  the  International 
Labor  Office  shall  present  to  the  General  Conference  a  report  on  the 
working  of  this  Convention,  and  shall  consider  the  desirability  of  plac- 
ing on  the  agenda  of  the  Conference  the  question  of  its  revision  or 
modification. 

RECOMMENDATION   CONCERNING   UNEMPLOYMENT  IN- 
SURANCE FOR  SEAMEN. 

The  General  Conference,  with  a  view  to  securing  the  application 
to  seamen  of  Part  III  of  the  Recommendation  concerning  Unemploy- 
ment adopted  at  Washington  on  28  November,  1919,  recommends 
that  each  Member  of  the  International  Labor  Organization  should 
establish  for  seamen  an  effective  system  of  insurance  against  unem- 

435 


THE    INTERNATIONAL.   PROTECTION    OF   LABOR 

ployment  arisinj?  out  of  shipwreck  or  any  other  cause,  either  by 
means  of  Government  insurance  or  by  means  of  Government  sub- 
ventions to  industrial  organizations  whose  rules  provide  for  the  pay- 
ment of  benefits  to  their  unemployed  members. 

DRAFT  CONVENTION  CONCERNING  UNEMPLOYMENT  IN- 
DEMNITY IN  CASE  OF  LOSS  OR  FOUNDERING  OF 
THE  SHIP. 

Article  1. 

For  the  purpose  of  this  Convention,  the  term  "seamen"  includes  all 
persons  employed  on  any  vessel  engaged  in  maritime  navigation. 

For  the  purpose  of  this  Convention,  the  term  "vessel"  includes  all 
ships  and  boats,  of  any  nature  whatsoever,  engaged  in  maritime  navi- 
gation, whether  publicly  or  privately  owned;  it  excludes  ships  of  war. 

Article  2. 

In  every  esse  of  loss  or  foundering  of  any  vessel,  the  owner  or 
person  with  whom  the  seaman  has  contracted  for  service  on  board 
the  vessel  shall  pay  to  each  seaman  employed  thereon  an  indemnity 
against    unemployment    resulting    from    such    loss    or   foundering. 

This  indemnity  shall  be  paid  for  the  days  during  which  the  seaman 
remains  in  fact  unemployed  at  the  same  rate  as  the  wages  payable 
under  the  contract,  but  the  total  indemnity  payable  under  this  Conven- 
tion to  any  one  seaman  may  be  limited  to  two  months'  wages. 

Article  3. 
Seamen  shall  have  the  same  remedies  for  recovering  such  indemni- 
ties as  they  have  for  recovering  arrears  of  wages  earned  during  the 
service. 

Article  4. 

Each  Member  of  the  International  Labor  Organization  which  rati- 
fies this  Convention  engages  to  apply  it  to  its  colonies,  protectorates 
and  possessions  which  are  not  fully  self-governing: 

(a)_  Except  where  owing  to  the  local  conditions  its  provisions  are 
inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
its  provisions  to  local  conditions. 

Each  Member  shall  notify  to  the  International  Labor  Office  the 
action  taken  in  respect  of  each  of  its  colonies,  protectorates  and 
possessions  which  are  not  fully  self-governing. 

Article  5. 

The  formal  ratifications  of  this  Convention  under  the  conditions 
set  forth  in  Part  XIII   of  the  Treaty  of  Versailles  of  28  June,  1919, 

of  the  Treaty  of  St.   Germain  of   10  September,   1919,  of  the  Treaty 

of  Neuilly   of  27   November,    1919,   and   of   the   Teaty  of   the   Grand 

Trianon  of  4  June,  1920,  shall  be  communicated  to  the  Secretary 
General  of  the  League  of  Nations  for  registration. 

Article  6. 
As  soon  as  the  ratifications  of  two  Members  of  the  International 
Labor   Organization   have  been    registered  with   the   Secretariat,    the 
Secretary  General  of  the  League  of  Nations  shall  so  notify  all  the 
Members  of  the  International  Labor  Organization. 

436 


INTERNATIONAL   LABOR    ORGANIZATION 

Article  7. 
This  Convention  shall  come  into  force  al  the  date  on  wliich  such 
notification  is  issued  by  the  Secretary  General  ol  the  League  of 
Nations,  and  it  shall  then  be  binding  only  upon  those  Members  which 
have  registered  their  ratifications  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat. 

Article  8. 
Subject  to  the  provisions  of  Article  7,  each  Member  which  ratifies 
this    Convention    agrees    to    bring    its    provisions    into    operation    not 
later  than  1  July,  1922,  and  to  take  such  action  as  may  be  necessary 
to  make  these  provisions  effective. 

Article  9. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration  of  ten  years  from  the  date  on  which  the  Con- 
vention first  comes  into  force,  by  an  act  communicated  to  the  Secre- 
tary-General of  the  League  of  Nations  for  registration.  Such  denun- 
ciation shall  not  take  effect  until  one  year  after  the  date  on  which 
it  is  registered  with  the  Secretariat. 

Article  10. 
At  least  once  in  ten  j^ears,  the  Governing  Body  of  the  International 
Labor  Office  shall  present  to  the  General  Conference  a  report  on 
the  working  of  this  Convention,  and  shall  consider  the  desirability 
of  placing  on  the  agenda  of  the  Conference  the  question  of  its  re- 
vision or  modification. 

DRAFT    CONVENTION    FOR    ESTABLISHING    FACILITIES 
FOR  FINDING  EMPLOYMENT  FOR  SEAMEN. 

Article  1. 
For  the  purpose  of  this  Convention,  the  term  "seamen"  includes 
all   persons,   except   officers,    employed   as   members   of   the   crew  on 
vessels  engaged  in  maritime  navigation. 

Article  2. 

The  business  of  finding  employment  for  seamen  sHall  not  be 
carried  on  by  any  person,  company,  or  other  agencj',  as  a  commerical 
enterprise  for  pecuniary  gain;  nor  shall  any  fees  be  charged  directly 
or  indirectly  by  any  person,  company  or  other  agency,  for  finding 
employment  for  seamen  on  any   ship. 

The  law  of  each  country  shall  provide  punishment  for  any  viola- 
tion of  the  provisions  of  this  Article. 

Article  3, 

Notwithstanding  the  provisions  of  Article  2,  any  person,  company 
or  agency,  which  has  been  carrying  on  the  work  of  finding  employ- 
ment for  seamen  as  a  commercial  enterprise  for  pecuniary  gain,  may 
be  permitted  to  continue  temporarily  under  Government  license,  pro- 
vided that  such  work  is  carried  on  under  Government  inspection  and 
supervision  so  as  to  safeguard  the  rights  of  all  concerned. 

Each  Member  which  ratifies  this  Convention  agrees  to  take  all 
practicable  measures  to  abolish  the  practice  of  finding  employment 
for  seamen  as  a  commercial  enterprise  for  pecuniary  gain  as  soon  as 
possible. 

437 


THE   INTERNATIONAL  PROTECTION   OF  LABOR 

Article  4. 
Each  Member  which  ratifies  this  Convention  agrees  that  there  shall 
be  organized  and  maintained  an  efficient  and  adequate  system  of  public 
employment  offices  for  finding  employment  for  seamen  without  charge. 
Such  system  may  be  organized  and  maintained,  either: 

(1)  By    representative    associations    of    shipowners    and    seamen 
jointly  under  the  control  of  a  central  authority,  or, 

(2)  In  the  absence  of  such  joint  action,  by  the  State  itself. 
The  work  of  all  such  employment  offices  shall  be  administered  bj'^ 

persons  having  practical  maritime  experience. 

Where  such  employment  offices  of  different  types  exist,  steps  shall 
be  taken  to  co-ordinate  them  on  a  national  basis. 

Article  5. 
Committees  consisting  of  an  equal  number  of  representatives  of 
shipowners  and  seamen  shall  be  constituted  to  advise  on  matters  con- 
cerning the  carrying  on  of  these  offices;  the  Government  in  each 
country  may  make  provision  for  further  defining  the  powers  of  these 
committees,  particularly  with  reference  to  the  committees'  selection 
of  their  chairmen  from  outside  their  own  membership,  to  the  degree 
of  State  supervision,  and  to  the  assistance  which  such  committees 
shall  have  from  persons  interested  in  the  welfare  of  seamen. 

Article  6. 
In  connection  with  the  employment  of  seamen,  freedom  of  choice 
of  ship  shall  be  assured  to  seamen  and  freedom  of  choice  of  crew 
shall  be  assured  to  shipowners. 

Article  7. 
The  necessary  guarantees  for  protecting  all  parties  concerned  shall 
be  included  in  the  contract  of  engagement  or  articles  of  agreeemnt, 
and  proper  facilities  shall  be  assured  to  seamen  for  examining  such 
contract  or  articles  before  and  after  signing. 

Article  8. 
Each  Member  which  ratifies  this  Convention  will  take  steps  to  see 
that  the  facilities  for  employment  of  seamen  provided  for  in  this  Con- 
vention shall,  if  necessary,  by  means  of  public  offices,  be  available  for 
the  seamen  of  all  countries  which  ratify  this  Convention,  and  where 
the  industrial  conditions  are  generally  the  same. 

Article  9. 
Each  country  shall  decide  for  itself  whether  provisions  similar  to 
those  in  this  Convention  sh?.n  be  put  in  force  for  deck-officers  and 
engineer-officers. 

Article  10. 

Each  Member  which  ratifies  this  Convention  shall  communicate  to 
the  International  Labor  Office  all  available  information,  statistical  or 
otherwise,  concerning  unemployment  among  seamen  and  concerning 
the  work  of  its  seamen's  employment  agencies. 

The  International  Labor  Office  shall  take  steps  to  secure  the  co- 
ordination of  the  various  national  agencies  for  finding  employment 
for  seamen,  in  agreement  with  the  Governments  or  organizations  con- 
cerned in  each  country. 

438 


INTERNATIONAL  LABOR  ORGANIZATION 

Article  11. 
Each  Member  c5  *^e  International  Labor  Organization  which  rati- 
fies this  Conventior;  engages  to  apply  it  to  its  colonics,  protectoratea 
and  possessions  which  are  not  fully  self-governing: 

(a)  Except  where  owing  to  the  local  conditions  its  provisions  are 
inapplicable;  or 

(b)  Subject  to  such  modifications  as  may  be  necessary  to  adapt 
its  provisions  to  local  conditions. 

Each  Member  shall  notify  to  the  International  Labor  Office  the 
action  taken  in  respect  of  each  of  its  colonies,  protectorates  and 
possessions  which  are  not  fully  self-governing. 

Article  12. 
The  formal  ratifications  of  this  Convention  under  the  conditions 
set  forth  in  Part  XIII  of  the  Treaty  of  Versailles  of  28  June,  1919, 
of  the  Treaty  of  St.  Germain  of  10  September,  1919,  of  the  Treaty 
of  Neuilly  of  27  November,  1919,  and  of  the  Treaty  of  the  Grand 
Trianon  of  4  June,  1920,  shall  be  communicated  to  the  Secretary- 
General  of  the  League  of  Nations  for  registration. 

Article  13. 
As  soon  as  the  ratifications  of  two  Members  of  the  International 
Labor   Organization   have  been   registered  with    the   Secretariat,   the 
Secretary-General   of  the   League  of  Nations  shall  so  notify  all  the 
Members   of   the   International   Labor   Organization. 

Article  14. 
This  Convention  shall  come  into  force  at  the  date  on  which  such 
notification  is  issued  by  the  Secretary  General  of  the  League  of 
Nations,  and  it  shall  then  be  binding  only  upon  those  Members  which 
have  registered  their  ratifications  with  the  Secretariat.  Thereafter 
this  Convention  will  come  into  force  for  any  other  Member  at  the 
date  on  which  its  ratification  is  registered  with  the  Secretariat. 

Article  15. 
Subject  to  the  provisions  of  Article  14,  each  Member  which  ratifies 
this  Convention  agrees  to  bring  its  provisions  into  operation  not  later 
than   1  July,   1922,  and  to  take  such  action  as  may  be  necessary  to 
make  these  provisions  eflfective. 

Article  16. 
A  Member  which  has  ratified  this  Convention  may  denounce  it 
after  the  expiration  of  ten  years  from  the  date  on  which  the  Con- 
vention first  comes  into  force,  by  an  act  communicated  to  the  Secre- 
tary-General of  the  League  of  Nations  for  registration.  Such  de- 
nunciation shall  not  take  effect  until  one  year  after  the  date  on  which 
it  is  registered  with  the  Secretariat. 

Article  17. 
At  least  once  in  ten  years,  the  Governing  Body  of  the  International 
Labor  Office  shall  present  to  the  General  Conference  a  report  on 
the  working  of  this  Convention,  and  shall  consider  the  desirability 
of  placing  on  the  agenda  of  the  Conference  the  question  of  its  re- 
vision or  modification. 


439 


This  book  is  r  "^t  date  stanmed  below 


»rv     f^    *T.^ 


/7 


Wtf^^'- 


uc  souTHi  RN  HI  ninfjAL  I  \mhm  i  Am  ity 


AA    000  964  450     i 


S:^. 


UNIVERSir/  of  CALIFORNIA 


